Shigenori Kudo and Motomi Kudo, et al. - Page 57

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          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 to             



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