J.J. Zand - Page 160

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          portion of the trust income to petitioner.  It does not provide             
          for the disallowance of the interest expenses claimed by him.               
          Indeed, the net result to the grantor may be no increase in tax             
          because the trusts' interest income taxed to the grantor may be             
          offset by a deduction for interest on the loans.  See Bittker &             
          Lokken, Federal Taxation of Income, Estates and Gifts, par. 80.7            
          at 64.                                                                      
               Respondent relies on Benson v. Commissioner, 76 T.C. 1040              
          (1981); Bixby v. Commissioner, 58 T.C. 757 (1972); and Bennett v.           
          Commissioner, 79 T.C. 470 (1982).  Such reliance is misplaced.              
          Those cases are distinguishable.  In Benson the loan was                    
          unsecured, and the grantor's spouse was the sole trustee.  In               
          Bixby the settlors were held not to be the true grantors for                
          purposes of the grantor trust rules.  Rather, the subsequent                
          transferors were the actual grantors.  There was no discussion of           
          section 675(3) in the Bixby case.  In Bennett the grantors were             
          the trustees, and the loan was unsecured.                                   
               Accordingly, as reflected in our findings of fact, we hold             
          that the interest deductions claimed by petitioner in 1980 and              
          1981 as paid to the trusts on the secured loans are deductible.             












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