Epic Associates 84-III, William C. Griffith, Jr. - Page 164




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             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.  The                         







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