Cooper River Office Building Associates, Management of Cooper River, Inc., Tax Matters Partner - Page 12

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          the Partnership’s indebtedness were not involved in that opinion.           
          Petitioner’s reliance on the schedule set forth in Levy v.                  
          Commissioner, 92 T.C. at 1365, is misplaced.                                
               As a result of the reduction to $2,370,000 of the portion of           
          the Partnership’s total stated indebtedness that is to be                   
          recognized for Federal income tax purposes (see Levy v.                     
          Commissioner, T.C. Memo. 1991-646), the Partnership’s monthly               
          payments of $43,725 exceeded the allowable monthly interest                 
          expense, and a considerable portion or excess of each monthly               
          payment remained to reduce principal.  We believe that, for                 
          Federal income tax purposes, those excess funds cannot be                   
          ignored.  They were paid by the Partnership, and they must be               
          considered as either interest or as repayments of principal.                
               Under the economic accrual method of calculating interest              
          expense, the interest attributable to the use of money for a                
          period between payments is determined by applying the effective             
          rate of interest on the loan to the "unpaid balance" of the loan            
          for that period.  See Rev. Rul. 83-84, 1983-1 C.B. 97, 98.                  
          Because the Partnership's monthly payments exceeded the allowable           
          interest expense, the excess of each payment properly is to be              
          regarded as a repayment of a portion of the principal.                      
               Accordingly, the portion of each monthly $43,725 payment in            
          excess of allowable interest (calculated under the economic                 
          accrual method and on only the $2,370,000 portion of the                    
          Partnership’s stated indebtedness that is to be recognized) must            




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