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limitations of subsections (d) and (h), for personal interest
paid during the taxable year in the amount of 65 percent of the
interest paid. ($13,167.96 times 65 percent is $8,559.17.) A
cash-basis taxpayer properly takes a deduction for interest for
the year in which the interest is paid. Sec. 461(a); sec. 1.461-
1(a), Income Tax Regs.; e.g., Heyman v. Commissioner, 652 F.2d
598 (6th Cir. 1980), affg. 70 T.C. 482 (1978). Delivery of a
check37 to the payee, not deposit of the check by the payee,
constitutes payment for purposes of determining the year in which
a sum is deductible by a cash-basis taxpayer. Estate of Bradley
v. Commissioner, 19 B.T.A. 49 (1930), affd. 56 F.2d 728 (6th Cir.
1932); see Weber v. Commissioner, 70 T.C. 52, 57 (1978). In the
instant cases, the parties do not dispute whether the interest
36(...continued)
(6) Phase-in of limitation.--In the case of any
taxable year beginning in calendar years 1987 through
1990, the amount of interest with respect to which a
deduction is disallowed under this subsection shall be
equal to the applicable percentage (within the meaning
of subsection (d)(6)(B)) of the amount which (but for
this subsection) would have been so disallowed.
Although the year before us on this issue is 1987, we apply
the statute as amended in 1988, because sec. 1005(c)(9) of the
TAMRA 88, Pub. L. 100-647, 102 Stat. 3342, 3392, amended sec.
163(h)(6) retroactively to taxable years beginning after Dec. 31,
1986. See TAMRA 88, sec. 1019(a), 102 Stat. at 3593; TRA 86,
sec. 511(e), 100 Stat. at 2249.
37 When a check is mailed, as opposed to being hand
delivered as in the instant case, the mailing of the check,
properly addressed, generally constitutes delivery of that check
to the addressee. See, e.g.; Griffin v. Commissioner, 49 T.C.
253, 261 (1967).
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