Corbin West Ltd. Partnership, CDC Equity Corp., Tax Matters Partner - Page 12




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          II.  Deductibility of Accrued Interest on the Note                          
               In general, section 163(a) allows a deduction for interest             
          paid or accrued.  For the interest to be deductible, however, the           
          underlying debt must be genuine.  Elliott v. Commissioner, 84               
          T.C. 227, 244-246 (1985), affd. without published opinion 782               
          F.2d 1027 (3d Cir. 1986).  When a debt lacks economic reality and           
          is incurred solely to create an income tax deduction, it does not           
          support an interest deduction.  Goldstein v. Commissioner, 364              
          F.2d 734, 740 (2d Cir. 1966), affg. 44 T.C. 284 (1965).                     
               We have already found that the note lacks economic substance           
          and is not genuine indebtedness.  We therefore conclude that                
          Corbin West is not entitled to interest deductions associated               
          with the note.3                                                             
          III.  The Fees Capitalized Into the Property's Basis                        
               Corbin West paid CDC substantial fees related to the                   
          property.  These fees included the following:  (1) An                       
          "acquisition fee" of $157,500, (2) a "developer's fee" of                   
          $87,213, and (3) a "tax credit guarantee fee" of $90,000.  Corbin           
          West capitalized these fees into the basis of the property for              
          purposes of computing depreciation deductions and low-income                
          housing credits.  In the FPAA's, respondent disallowed the                  
          inclusion of these various fees in the property's basis.                    
          Petitioner argues that (1) these fees are properly includable in            


               3  The interest deductions claimed by Corbin West were for             
          accrued interest on the note; no interest was ever paid on the              
          note during the years in issue.                                             

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