- 16 - 2. WRI's Interest Expense Respondent contends that WRI may not deduct $100,138 of interest expense. An accrual basis taxpayer may only deduct expenses or interest owed to a related cash basis taxpayer when the amount involved is includable in the gross income of the cash basis payee. Sec. 267(a)(2). WRI and Hersco are related taxpayers. Sec. 267(b)(10); see sec. 267(e)(1). WRI uses the accrual method of accounting; Hersco uses the cash method of accounting. As we concluded at par. A-1, above, the interest payments on the Hersco mortgage are not includable in Hersco's gross income. Thus, the interest expense is not deductible on WRI's fiscal year 1988 tax return. Sec. 267(a)(2). We agree with respondent on this issue. 3. Bona Fide Sale We need not decide whether the sale was bona fide. For reasons discussed above at pars. A-1 and A-2, Hersco may not include the payments in income, and WRI cannot deduct the interest expense whether or not the sale was bona fide. B. Wise's Management of WRI 1. Management Fees Respondent contends that (a) WRI may not deduct management and accounting fees of $173,974 for services performed by Pro- Ser, and (b) Wise may not include $231,746 in gross income as payment for those services. Based on application of the factors that we considered in deciding Hersco did not constructivelyPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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