- 26 - real properties. The remaining amounts were lent and borrowed for construction and renovation activities. Finally, our interpretation of the third sentence of section 164(a) is consistent with our holding with respect to ME's loan commitment fee and attorney's fees, supra, in that costs incurred in connection with obtaining a loan should be amortized over the definite term of the loan in lieu of being currently deductible or depreciable over the useful life of the property acquired with the loan proceeds. Cf. Anover Realty Corp. v. Commissioner, 33 T.C. 671, 674-675 (1960). We hold that REE and ME are required to amortize the taxes in issue over the definite terms of their construction loans.8 Rental Income The fifth issue for decision is whether REE and TNE are required to report tenant improvements as rental income. Under the lease agreements with Blockbuster, REE and TNE were responsible for purchasing and installing Blockbuster's standard carpeting. Contrary to the lease agreements, however, Blockbuster purchased and installed the carpeting at both the Dunn and Roosevelt properties at costs of $11,020.43 and $10,023.31, respectively. 8 For reasons akin to our findings with respect to the amortization period for ME's construction loan commitment fee and related attorney's fees, we find that REE's construction and permanent loans constitute separate loans for purposes of amortization.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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