- 21 - case is more like Miller v. Commissioner, 70 T.C. 448 (1978), where we held that a taxpayer who borrowed money to buy a controlling interest in the stock of a bank so that he could become the bank's president held the stock as an investment. We conclude that petitioners bought and held the New-East Bank stock as an investment, and that the interest on the loans was not properly allocable to a trade or business. Thus, the interest on the $100,000 loan from South Carolina National Bank is investment interest and is not trade or business interest under section 163(h)(2)(A). E. Amount of Interest Paid to First Hanover Bank Respondent contends that petitioners paid $5,443 in interest to First Hanover Bank in 1990 because that is the amount shown in petitioner's ledgers.4 Petitioners contend they paid $8,126 because that is the amount First Hanover Bank reported in the Form 1098, Mortgage Interest Statement, it sent to petitioners for 1990. We agree with petitioners because we think the Form 1098 issued by First Hanover Bank is more reliable than petitioner's ledger sheets. Respondent points out that petitioner testified that either he or his corporation paid the interest to First Hanover Bank and 3(...continued) whether the interest at issue was limited by sec. 163(d) in those cases. 4 The ledger sheets show that petitioner paid First Hanover Bank interest of $5,485.19.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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