Eli T. Sleiman, Jr. and Janie L. Sleiman, et al. - Page 25

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          acquisition of properties listed as collateral in the recorded              
          mortgages.  Petitioners' position is that the taxes in issue are            
          deductible under the second sentence of section 164(a).  They               
          argue that REE and ME are not required to capitalize the taxes in           
          issue because they were incurred in connection with the                     
          acquisition of the construction loans and not the acquisition of            
          the properties.  For reasons outlined infra, we disagree with               
          both respondent's and petitioners' positions.                               
               The parties have not referred us to, and we have not                   
          otherwise found, any cases or legislative history which directly            
          address the scope of the phrase "in connection with an                      
          acquisition of property" as it is used in the third sentence of             
          section 164(a).  After careful consideration, we conclude that              
          the taxes in issue were more closely incurred in connection with            
          obtaining the construction loans than in acquiring the real                 
          properties and may be amortized over the definite terms of the              
          construction loans.                                                         
               First, the Florida taxes in issue are levied upon the amount           
          borrowed by the taxpayer, not the value of the property which               
          secures the obligation.  Second, the amounts of the taxes in                
          issue were treated as closing costs of the construction loans by            
          REE, ME, and SouthTrust Bank.  The taxes reduced the principal              
          amounts of loan proceeds receivable by REE and ME; thus the taxes           
          constitute a cost of obtaining the loan proceeds.  Third, the               
          loan proceeds were only partly advanced for the purchase of the             




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