- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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