121 T.C. No. 15 UNITED STATES TAX COURT FEDERAL HOME LOAN MORTGAGE CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 3941-99, 15626-99. Filed October 30, 2003. P was originally exempt from Federal income taxation. However, on Jan. 1, 1985, P became subject to taxation under the Deficit Reduction Act of 1984 (DEFRA), Pub. L. 98-369, sec. 177, 98 Stat. 709. P adopted the accrual method of accounting for its first taxable year commencing Jan. 1, 1985. Before that date, P acquired certain mortgages that were in default. Interest accrued on each of those mortgages from the date of acquisition up to Jan. 1, 1985. At various points after Jan. 1, 1985, P foreclosed the mortgages on the underlying real estate. In computing its gain or loss from the foreclosures, P increased its regular adjusted cost basis in the mortgages for unpaid interest that had accrued before Jan. 1, 1985. R argues that P is not entitled to increase its regular adjusted cost basis on account of interest which accrued before Jan. 1, 1985. Held: Sec. 166(a), I.R.C., provides a deduction for bad debts. Sec. 1.166-6(a)(2), Income Tax Regs., provides: “Accrued interest may be included as part ofPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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