J.J. Zand - Page 165

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          and necessary business expense of petitioner.  Accordingly, we              
          sustain respondent's determination on this issue.                           
               K.  Rental Loss and London Rent Expense                                
               Again, our findings of fact are dispositive of respondent's            
          decreased rental loss of $35,228.13 claimed by petitioner for               
          1975, and the disallowance of $10,000 in 1976 for the rental of             
          the Khalatbaris' apartment in London.  We sustain respondent's              
          determinations.                                                             
               L.  Loan Origination Fee                                               
               For the year 1978 respondent disallowed a deduction in the             
          amount of $7,000 paid as a loan origination fee.  On May 25,                
          1978, petitioner paid W. Lyman Case and Company $7,000 as a loan            
          origination fee for the purchase of the Madison County Farm.  The           
          Madison County Farm was not petitioner's personal residence.                
          Instead, it was a farm owned by CDC.  Section 461(g) generally              
          requires that loan origination fees be charged to the capital               
          account and recovered over the period to which they are so                  
          allocable.  However, a loan origination fee is currently                    
          deductible only if the loan is for the purchase of the taxpayer's           
          principal residence.  Sec. 461(g)(2).  Because the farm was owned           
          by CDC, rather than by petitioner, the deduction of the loan                
          origination fee is disallowed.                                              









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