Charles H. Davison and Leslie B. Davison - Page 20

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          interest deduction, because a portion of the loan proceeds was              
          "specifically earmarked" for the purpose of paying the interest             
          due.  The Court of Appeals stated that "The fact that the loan              
          proceeds were run through the taxpayers' bank account in a                  
          transaction intended to take not more than one business day, does           
          not affect the substance of the transaction."  Wilkerson v.                 
          Commissioner, supra at 983.  Moreover, the Court of Appeals                 
          explained that "A careful reading of Burgess v. Commissioner, 8             
          T.C. 47 (1947), indicates that it involved two separate loan                
          transactions in which the proceeds of the second loan were not              
          earmarked for the purpose of payment of interest on the first               
          loan."  Id.                                                                 
               Shortly after the reversal in Wilkerson v. Commissioner,               
          supra, we acknowledged the confusion in this area brought about             
          by the disparity of results among cases of similar economic                 
          impact.  Menz v. Commissioner, 80 T.C. at 1187.  In Menz, we                
          summarized this Court's previous application of the "unrestricted           
          control" test as follows:                                                   

               Where a lender gives up control of borrowed funds, the                 
               funds are commingled with the taxpayer's other funds in                
               an account at an institution separate from the lender,                 
               and the interest obligation is satisfied with funds                    
               from that separate account, there has been a payment of                
               interest under section 163(a).  * * *  [Id. at 1187;                   
               citations omitted.17]                                                  

               17Despite this test for determining "unrestricted control",            
          consideration of the borrower's purpose for acquiring the                   
                                                             (continued...)           




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