Oliver W. and Edna D. Wilson - Page 36




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               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.                                       





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