Reginald Maurice Wise and Shannon Rae Wise - Page 19

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          (W.D. Okla. 1971), affd. 464 F.2d 1188 (10th Cir. 1972); see sec.            
          1.446-1(c)(1)(I), Income Tax Regs.  A cash basis taxpayer cannot             
          accrue an expense.  See B & L Farms Co. v. United States, supra              
          at 415-416.  Therefore, Hersco may not deduct the expense unless             
          it paid it.                                                                  
               The payment was not made in cash or property.  Journal                  
          entries nominally increased Hersco's indebtedness to Eicher, but             
          journal entries do not establish that a payment was made.  Finoli            
          v. Commissioner, 86 T.C. 697, 743 (1986).  The debit from                    
          interest payable to loans payable to Eicher was simply a shift               
          from one account to another.  See Baird v. Commissioner, 25 T.C.             
          387, 394 (1955).                                                             
               Petitioners have failed to prove that the interest payment              
          was actually made.  Thus, we hold that Hersco may not deduct the             
          $77,122 interest payment it reported as a guaranteed payment.                
               2.   Eicher                                                             
               Eicher is a cash basis taxpayer.  As discussed at par. A-1,             
          above, a cash basis taxpayer is taxable on income when it is                 
          actually or constructively received.  Sec. 1.451-1(a), Income Tax            
          Regs.  Eicher never received the interest payment in cash or                 
          property.  The payment was made only in the sense that it was                
          described by journal entries in the books and records of Hersco,             
          reflecting payment and a simultaneous "loan back" of the funds.              
          Hersco did not have enough funds to make the payment.  During                
          1988, Hersco did not have a bank account or any recurring sources            




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