- 24 - under section 482; respondent accordingly disallowed what he determined were excessive interest deductions claimed by CFC-- $52,870 in 1992 and $19,105 in 1993--and determined that like amounts were properly allocated to the Cordeses as income from constructive dividends, rather than from interest.23 See sec. 1.482-1A(b)(1), Income Tax Regs. On brief, respondent conceded that CFC may deduct as interest expense--and the Cordeses may report as income from interest, rather than from constructive dividends--amounts equal to those calculated pursuant to section 1.482-2(a)(2)(iii), Income Tax Regs.; i.e., the safe-haven interest rate.24 Respondent maintained that the amounts of the transfers in excess of those computed in accordance with section 1.482-2(a)(2)(iii), Income Tax Regs., are nondeductible interest expenses with regard to CFC and income from constructive dividends with regard to the Cordeses. 23In his notice of deficiency, respondent failed to reduce the Cordeses’ interest income by the amounts he reallocated to income from constructive dividends. In his reply brief, respondent conceded that the Cordeses may reduce interest income reported on their returns to the extent we hold the transfers are income to the Cordeses from constructive dividends. 24The parties have not computed the safe-haven interest rates applicable under sec. 1.482-2(a)(2)(iii), Income Tax Regs. Our holding is not to be construed in any way as allowing respondent to reallocate, with respect to these items, more than $52,870 in 1992 or $19,105 in 1993.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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