- 16 - petitioner to have claimed a deduction on her 1988 amended return and not reported the 1992 refund she received. We agree with respondent. The trust originally paid the interest on the tax deficiency and deducted that amount, $2,724,752, as an interest expense on its 1988 fiduciary return. When this return was amended to reflect the agreement among the IRS, the trust representatives, and petitioner to recharacterize the trust as a grantor trust, the interest expense deduction the trust had claimed was allocated to petitioner and was reflected on her amended 1988 income tax return. The deduction resulted in a tax benefit in proportion to the full amount of the deduction. And the amount was ultimately returned to petitioner (via the refund check) in 1992.13 In sum, the refund of the interest on the tax deficiency, previously deducted, gives rise to taxable income under the tax- 12(...continued) return attributed “to Edith Hunter Hornberger all trust income and deductions, including the deduction for the $2,357,495.08 of interest paid on the estate tax.” 13 In Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370 (1983), the Hillsboro Bank paid State taxes and deducted them when paid, pursuant to sec. 164(e). Later, the State refunded the taxes directly to the bank’s shareholders. The Government sought to include the shareholders’ refund of the State taxes in the income of the bank. See id. at 372-374. The Supreme Court concluded that “unless a nonrecognition provision of the Internal Revenue Code prevents it, the tax benefit rule ordinarily applies to require the inclusion of income when events occur that are fundamentally inconsistent with an earlier deduction.” Id. at 372.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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