- 91 - been established that there was an actual investment associated with the acquisition of the property or that there was genuine indebtedness in the property." In further support of the other adjustments, the notices state that the activity of EA 84-III for 1983, 1984, 1985, and 1986 "was not engaged in for profit." OPINION In the subject notices of FPAA, respondent disallowed the interest and depreciation deductions that each part- nership claimed on its tax returns for 1983, 1984, and 1985. According to the notices of FPAA, the interest deductions are disallowed because "it has not been established that the amounts were for interest on a bonafide [sic] debt." Similarly, according to the notices of FPAA, the depreciation deductions are disallowed because "it has not been established that a bona fide investment in depreciable property was made." The interest deductions at issue consist principally, but not entirely, of amounts paid or accrued with respect to the nonrecourse promissory notes issued by each partnership for the purchase of the residential properties described above. We sometimes refer to the subject promissory notices as first mortgage notes. ThePage: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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