- 57 - the loan from Hada. On the return he filed for 1990, Nakamura reported $30,000 in interest income from Yoshinori. Respondent contends that petitioners did not establish that the Takaos had any loan obligations to anyone in 1990 that carried any interest obligations in the amounts claimed by the Takaos, or that the Takaos made any interest payments in that dollar amount during 1990. Respondent additionally asserts that petitioners have failed to establish that the claimed interest constitutes investment interest. Respondent also contends that the Takaos did not have investment income against which any investment interest expense may be deducted. Petitioners presented no evidence showing that the Takaos used the loan proceeds to which the interest relates to acquire or hold property held for investment as defined in section 163(d)(5). Thus, they have failed in their burden of proof on this issue. Accordingly, we sustain respondent's determination for 1990. In light of our holding, we do not address respondent's remaining arguments relating to this issue. 1991 Investment Interest Deduction For 1991, petitioners contend the Takaos are entitled to an investment interest deduction of $13,850 for imputed interest on the loan from Hada. Respondent contends that petitioners have failed to establish that any payment was made to Hada during 1991 or that, if a payment was made, that the payment was not principal. Respondent additionally asserts that petitioners have failed toPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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