Shigenori Kudo and Motomi Kudo, et al. - Page 55

                                       - 55 -                                         
          petitioners have failed to establish that the Takaos, who owned             
          stock in Norager, were personally liable on the debt to Pier 29,            
          or that they had an interest in the property during the years at            
          issue.  Accordingly, we sustain respondent's determination on the           
          investment interest issue for 1988.  In light of our holding, we            
          do not address respondent's remaining arguments relating to this            
          issue.                                                                      
               1989 Investment Interest Deduction                                     
               For 1989, petitioners claim that they are entitled to an               
          investment interest deduction of $38,355, consisting of the                 
          carryover of investment interest from 198817 plus $30,000                   
          interest Yoshinori paid to Nakamura on amounts Yoshinori owed               
          Nakamura.  Nakamura testified that the $30,000 represented                  
          expenses he had incurred relating to an earlier audit that he had           

               17  In the Government's brief, respondent erroneously stated           
          that the Takaos claimed an investment interest expense deduction            
          of $55,320 on Schedule A--Itemized Deductions of their 1988                 
          return.  The Form 4952, Investment Interest Expense Deduction,              
          filed with the Takaos' 1988 return shows "Interest expense on               
          investment debts paid or accrued" in 1988 in the amount of                  
          $55,320, "Allowed investment interest expense" in the amount of             
          $49,299, and "Disallowed investment interest expense" in the                
          amount of $6,021.  The Takaos reported "Deductible investment               
          interest" in the amount of $49,299 on Schedule A for 1988.  The             
          Form 4952 filed with the Takaos' 1989 return shows "Investment              
          interest expense paid or accrued" in 1989 in the amount of                  
          $32,334, "Allowed investment interest expense" in the amount of             
          $38,355, and "Disallowed investment interest expense" in the                
          amount of zero.  The Takaos reported "Deductible investment                 
          interest" in the amount of $38,355 on Schedule A for 1989.                  
          Petitioners do not explain the $2,334 discrepancy in the amount             
          of investment interest expense they claimed they paid in 1989 on            
          Form 4952 ($32,334) and the amount they now claim in their brief            
          ($30,000).  In light of our holding on the 1989 investment                  
          interest deduction, see infra, we do not resolve the discrepancy.           



Page:  Previous  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  Next

Last modified: May 25, 2011