- 25 - 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 thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011