- 36 - Petitioners deducted interest on the South Coast Thrift loan on their Schedules C for 1990 and 1991 in the amounts of $116,121 and $43,276, respectively. Petitioners appear to contend that the South Coast Thrift loan was a general business loan obtained to start a new business and was not a construction loan governed by the interest capitalization rules of section 263A(f). The record in this case suggests otherwise. Regardless of which party bears the burden of proof with respect to section 263A, we have found as a fact that the South Coast Thrift loan was a construction loan taken out by petitioners to finance the retrofitting and renovation of their 5401-9 S. Broadway property and that the interest deducted by petitioners for 1990 and 1991 was attributable to that loan.15 Under section 263A(f), because the interest attributable to the South Coast Thrift loan was paid to prepare the 5401-9 S. Broadway property to be placed in service in a trade or business or in an activity for profit, except to the extent allowed by respondent’s concession,16 the interest must be capitalized. Sec. 263A(f)(1). (2) Other Schedule C Expenses On Schedule C of their 1990 tax return, petitioners deducted 15Petitioners did not deduct any interest attributable to the South Coast Thrift loan on their Schedules C or E for 1992 and 1993. 16See supra note 2. Respondent also conceded that 6 percent of the building was available for rent and placed in service as rental property during 1989 and 1990.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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