- 19 - (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 sourcesPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011