Andrew Wesley Frank & Joy Mary Frank - Page 20

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          (1940).  Payments for a lender's services in connection with a              
          loan are generally capital expenditures and must be amortized               
          over the life of the loan.  Goodwin v. Commissioner, 75 T.C. 424,           
          440-441 (1980), affd. without published opinion 691 F.2d 490 (3d            
          Cir. 1982).                                                                 
               Points are amounts paid by a borrower for loan processing.             
          Cao v. Commissioner, T.C. Memo. 1994-60, affd. without published            
          opinion ___ F.3d. ___ (9th Cir., Feb. 29, 1996).  Fees paid for             
          loan processing can be for the use or forbearance of money or for           
          a lender's services.  Id.  Points paid for the use or forbearance           
          of money are deductible as prepaid interest.  Id.                           
               A cash basis taxpayer must generally amortize prepaid                  
          interest over the life of the loan.  Sec. 461(g)(1).  However,              
          points are immediately deductible if they are paid for                      
          indebtedness incurred in connection with the purchase or                    
          improvement of the taxpayer's principal residence and the loan              
          is secured by the home.  Sec. 461(g)(2).                                    
               Petitioners deducted $4,457.50 for points on their 1992                
          return.  Mr. Frank testified that this amount includes $1,980               
          from refinancing their Whitecliff Drive residence, $250 from a              
          line of equity on Whitecliff Drive, and $2,227.50 from buying               
          their new residence at Luann Court.  Petitioners lost the records           
          for all three transactions.  They did not contact the bank to get           
          the relevant documents or otherwise try to reconstruct the                  






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