Charles H. Davison and Leslie B. Davison - Page 2

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                    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.             








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