- 2 - 3. Held, further, the $64,000 interest payment constituted the payment of nondeductible “personal interest” under sec. 163(h), I.R.C. Peter U. Boehme and Mary M. Boehme, pro sese. Ronald T. Jordan, for respondent. MEMORANDUM OPINION HALPERN, Judge: By notice of deficiency dated March 31, 2000, respondent determined deficiencies in petitioners’ Federal income tax for 1995 and 1996 (the audit years) in the amounts of $2,985 and $140,857, respectively. After concessions, the issues remaining for decision are (1) whether $400,000 received by petitioner Mary M. Boehme in 1996 in exchange for her right to receive certain future annual lottery payments is ordinary income or capital gain, and (2) whether petitioners are entitled to deduct, for 1996, $64,000 paid by Mary in connection with the repayment of loans to her secured by her lottery winnings. Petitioners raised the latter issue during a hearing in lieu of trial (the hearing) without objection by respondent.1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years at issue, and 1 Certain adjustments to petitioners’ dependency exemptions and schedule A itemized deductions for 1996 are derivative of the adjustments at issue and will be resolved by our resolution of those adjustments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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