- 13 - Petitioner and respondent, however, for purposes of this case, treat a payment, as a mere guarantor, under a guaranty agreement as not qualifying as a "section 988 transaction". See sec. 988(c)(1)(B)(i); sec. 1.988-1T(a)(2)(i), Temporary Income Tax Regs., 54 Fed. Reg. 38824 (Sept. 21, 1989). As a general rule, under section 163(a), a taxpayer is permitted an interest expense deduction only if the interest represented a debt obligation of the taxpayer, and a guarantor is not entitled to an interest expense deduction with respect to payments made in fulfillment of a mere guaranty obligation. Hynes v. Commissioner, 74 T.C. 1266, 1287-1288 (1980). Petitioner argues that Intergraph should be treated as the primary debtor or obligor on the overdraft amount and that the total �823,943,385 balance of the overdraft amount should be regarded as a loan made directly to Intergraph. Petitioner therefore argues that Intergraph, with regard to its payment of the overdraft amount, should be entitled to deduct under section 988 a $1,923,103 foreign currency loss and under section 163(a) a $520,432 accrued interest expense. Petitioner also argues that even if the overdraft amount is to be treated as a loan made to Nihon Intergraph, Intergraph should be regarded as a co-obligor on the loan and should be entitled to the foreign currency loss and interest expense deductions claimed under sections 988 and 163(a).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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