Edward A. Robinson III and Diana R. Robinson - Page 12




                                       - 101 -                                         
          expense associated with a mere extension of credit, not a                    
          provision of funds).  Section 1.163-8T(c)(3)(ii), Temporary                  
          Income Tax Regs., 52 Fed. Reg. 25001 (July 2, 1987), provides as             
          follows:                                                                     

               If a taxpayer incurs or assumes a debt in consideration                 
               for the sale or use of property, for services, or for                   
               any other purpose, or takes property subject to a debt,                 
               and no debt proceeds are disbursed to the taxpayer, the                 
               debt is treated for purposes of this section as if the                  
               taxpayer used an amount of the debt proceeds equal to                   
               the balance of the debt outstanding at such time to                     
               make an expenditure for such property, services, or                     
               other purpose.  [Emphasis added.]                                       

               The above temporary regulation provides that in the                     
          situations (and for any purpose) where financing and credit                  
          transactions do not involve the disbursement of loan proceeds but            
          do involve the extension of credit, interest expense relating to             
          the extension of credit is to be allocated between the taxpayer’s            
          business and personal activity based on the nature of the                    
          underlying activity giving rise to the extension of credit.                  
               Under section 1.163-8T(c)(3)(ii), Temporary Income Tax                  
          Regs., supra, as applicable to the instant case, even though no              
          loan proceeds were disbursed by the Government to petitioners,               
          credit was extended by the Government to petitioners, and                    
          petitioners were charged interest with regard thereto.                       
               Because the underlying activity in question in this case                
          (giving rise to the tax deficiency and to the Government’s                   
          extension of credit to petitioners) undisputedly relates to                  




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