Timothy and Deborah Provost - Page 5




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          (1980).  The Court of Appeals for the Third Circuit, however, has           
          held that if, at the time the interest is paid, the taxpayer has            
          a fixed, noncontingent, legal obligation to pay the interest and            
          reimbursement is barred by bankruptcy, the taxpayer is entitled             
          to an interest expense deduction.  See Stratmore v. Commissioner,           
          785 F.2d 419, 423 (3d Cir. 1986), revg. T.C. Memo. 1984-547.                
          Under Golsen v. Commissioner, 54 T.C. 742, 756-757 (1970), affd.            
          445 F.2d 985 (10th Cir. 1971), we are obligated to follow the law           
          as stated by the Court of Appeals in the circuit to which this              
          case is appealable.  Petitioners have failed, however, to                   
          establish that, at the time the interest was paid, they had a               
          primary legal obligation to pay the interest.  In addition, they            
          have failed to establish that Sandew was bankrupt and that                  
          reimbursement of the interest payments was barred by Sandew's               
          bankruptcy.  Accordingly, we sustain respondent's determination.            
               Contentions we have not addressed are irrelevant, moot or              
          meritless.                                                                  
               To reflect the foregoing and concessions by the parties,               


                                             Decision will be entered                 
                                             under Rule 155.                          










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