Charles H. Davison and Leslie B. Davison - Page 16

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          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."                                                  




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