Jerry and Patricia A. Dixon, et al. - Page 26

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          simultaneously pay the amount of the contested tax deficiency to            
          which the interest being paid is attributable.  Petitioners note            
          that the agreement between DeCastro and McWade permitted the                
          Thompsons to receive the better of their settlement agreement or            
          the result of the Tax Court proceedings.  Accordingly,                      
          petitioners argue, the Thompsons were, in effect, continuing to             
          contest the determined deficiencies in this Court within the                
          scope of Ann. 86-108, sec. C.1.c.  Petitioners therefore maintain           
          that because the Thompsons prepaid only the interest and none of            
          the contested tax deficiencies, the Thompsons were not entitled,            
          under Ann. 86-108 section C.1.c., to deduct the interest.                   
               In Perkins v. Commissioner, 92 T.C. 749 (1989), a reviewed             
          opinion with no dissents, this Court held that a payment                    
          designated as accrued interest made after a notice of deficiency            
          has been issued is deductible in the year paid, even though the             
          underlying tax has not been paid.  See also Preble v.                       
          Commissioner, T.C. Memo. 1989-208.  We based our holding on two             
          provisions of the Internal Revenue Code:  Section 163(a), which             
          permits a deduction of interest without requiring that the                  
          underlying obligation be paid, and section 461(f), which permits            
          a deduction of interest in the year in which it is paid, even               
          though the taxpayer’s liability for the underlying debt is                  
          contested.  We concluded that the revenue procedure upon which              
          section C.1.c. of Ann. 86-108 is based had imposed “an                      






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