- 4 - their amended 1993 and their 1994 tax returns, petitioners claimed a deduction for accrued interest relating to the note. On their 1994 tax return, petitioners claimed an interest deduction and a net operating loss carryover. A portion of the claimed carryover (i.e., $121,284) related to: (1) Deductions for accrued interest claimed on petitioners’ 1993 tax return; (2) legal expense deductions, purportedly related to Mr. Gregersen’s Schedule C business, claimed in 1990 through 1993; and (3) a net operating loss carryover from 1989. On their 1989 tax return, petitioners reported a net operating loss, and petitioners did not file a statement waiving carryback of this loss. Petitioners were accrual basis taxpayers during the years in issue. OPINION I. Accrued Interest Deduction Respondent determined that, because EBNI was the primary obligor and Mr. Gregersen merely a guarantor, petitioners are not entitled to a deduction relating to accrued interest on the note. Petitioners contend that Mr. Gregersen was the obligor and is entitled to the related deductions. Section 163(a) allows as a deduction “all interest paid or accrued within the taxable year on indebtedness.” A guarantor who becomes the primary obligor on the liability is entitled to deduct accrued interest. See Tolzman v. Commissioner, T.C. Memo. 1981-689. In addition, a taxpayer no longer in business may takePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011