R. George and Penney Gregersen - Page 4




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          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 take              






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