- 2 - R disallowed W's interest deductions, determining that the interest had not been "paid" but merely postponed. R adjusted Ps' distributive share of W's ordinary loss accordingly. Held: W is not entitled to interest deductions under sec. 163(a), I.R.C. A cash basis borrower is not entitled to an interest deduction where the funds used to satisfy the interest obligation were borrowed for that purpose from the same lender to whom the interest obligation was owed. In those circumstances, there has been no "payment" of interest; rather, "payment" has merely been postponed. John S. Brown, George P. Mair, William A. Hazel, Matthew D. Schnall, Donald-Bruce Abrams, and Joseph L. Kociubes, for petitioners. Charles W. Maurer, Jr., for respondent. OPINION RUWE, Judge: Respondent determined deficiencies of $753 and $402,169 in petitioners' 1977 and 1980 Federal income taxes, respectively. After a concession by respondent, the issue for decision is whether White Tail, a general partnership, "paid" interest when it borrowed the funds used to satisfy its interest obligations from the same lender to whom the interest was owed. Petitioner Charles H. Davison was a partner in White Tail, and petitioners claimed their distributive share of the ordinary loss reported by White Tail on their 1980 Federal income tax return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011