- 16 - We also considered the fact that prepayment of the $377,202 in interest was an "integral part" of the loan agreement because the bank would not have made the loan without it. It was clear that $377,202 of the loan proceeds was advanced for the purpose of paying interest to the lender. Faced with essentially the same fact pattern in Wilkerson v. Commissioner, 70 T.C. 240 (1978), revd. and remanded 655 F.2d 980 (9th Cir. 1981), we followed the reasoning and result of Burck v. Commissioner, supra.14 Responding to the Commissioner's argument that the borrowers never had "unrestricted control" over the loan proceeds, we stated: We have rejected that same argument where the lender gave up control of the borrowed funds, the funds were commingled with the taxpayer's own funds, and then the commingled funds were used to prepay interest. Burgess v. Commissioner, 8 T.C. 47 (1947); Burck v. Commissioner, 63 T.C. 556 (1975), affd. 533 F.2d 768 (2d Cir. 1976). [Wilkerson v. Commissioner, supra at 258]. In Wilkerson, without the loan, the borrowers did not have sufficient funds with which to satisfy their interest obligations. Prior to receipt of the loan proceeds used to satisfy their interest obligations, the borrowers had checking 13(...continued) (2d Cir. 1976). 14In Wilkerson v. Commissioner, 70 T.C. 240, 259 (1978), revd. and remanded 655 F.2d 980 (9th Cir. 1981), we stated that "The Burgess and Burck cases are not meaningfully distinguishable from the facts before us."Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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