Wilburn C. Hall, Jr. - Page 61

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        indication in the record that this was an expense of any trade or             
        business of petitioner's. Accordingly petitioner is not entitled              
        to a Schedule C deduction for this interest; however, the $4,068              
        is deductible as an itemized deduction on Schedule A. See Smith v.            
        Commissioner, 84 T.C. at 898.                                                 
             As to the remaining interest expenses, the record does not               
        show whether petitioner or some other entity took out the loans.              
        From the foregoing we cannot conclude that these claimed interest             
        expenses were petitioner's expenses; thus they are not deductible             
        by petitioner under section 163. These interest expenses are also             
        not deductible as business expense deductions under section 162,              
        or as bad debt deductions under section 166, even though we treat             
        petitioner as having paid these claimed interest expenses, and we             
        accept that petitioner may have been a guarantor on some or all of            
        the loans from which these interest expenses arose. The record in             
        this case simply does not provide the Court with evidence                     
        sufficient to determine whether these interest expenses were                  
        ordinary or necessary expenses of petitioner's trade or business,             
        nor does the record provide evidence sufficient to determine                  
        whether these interest expenses were bad debts becoming worthless             
        during any of the years in issue. From the foregoing we conclude              
        that these claimed interest expenses are not deductible by                    
        petitioner.                                                                   
             We hold mostly for respondent on this issue to the extent set            
        forth above.                                                                  




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