- 236 - 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.Page: Previous 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 Next
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