- 12 - deduction under section 163(a). Respondent now argues that Intergraph was a mere guarantor of the overdraft amount and therefore that Intergraph is not entitled to the claimed foreign currency loss under section 988 and the claimed interest expense deduction under section 163(a). OPINION Foreign Currency Loss and Interest Expense Generally, under section 988 a taxpayer is entitled to an ordinary loss deduction for a foreign currency loss arising from a “section 988 transaction”. Sec. 988(a)(1)(A). Where a taxpayer is a primary obligor on a debt obligation that is denominated in a nonfunctional currency, repayment of the debt obligation generally qualifies as a “section 988 transaction”. Sec. 988(c)(1)(A) and (B). A foreign currency loss occurs to the extent a loss is realized by reason of a change in the exchange rate between the obligor's functional currency and the nonfunctional currency from the date the obligor becomes obligated on the debt obligation to the date the obligor makes payment on the debt obligation. Sec. 988(b)(2) and (c)(2)(A) and (3)(A). On brief, petitioner notes that the provisions of section 988 and the legislative regulations thereunder do not expressly provide that a taxpayer's payment, as a mere guarantor, under a guaranty agreement would not qualify as a "section 988 transaction" giving rise to a recognizable foreign currency loss.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011