Jerry and Patricia A. Dixon, et al. - Page 28

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          the carryover of an individual cash-basis taxpayer’s unused                 
          personal interest deduction from one year to the next.                      
               The Thompsons did, however, make a valid payment of interest           
          early in 1987, when they issued a valid check for $34,340 to                
          replace the dishonored check they had mailed the previous year              
          (the extra $340 was a bad check charge).  As cash-basis                     
          taxpayers, and under the law applicable for 1987, they would have           
          been permitted to deduct 65 percent of that amount, or $22,100,             
          as personal interest.  This valid deduction would have been                 
          $5,814 less than the $27,914 actually claimed and used as an                
          interest deduction on their 1987 return.  If the $5,814 excess              
          amount deducted were added back to their taxable income for 1987,           
          the Thompsons’ tax liability would have been increased by $1,624.           
               Accordingly, we conclude that for their taxable year 1987              
          the Thompsons received a modest tax benefit during the time                 
          McWade and DeCastro were colluding to reduce the Thompsons’ tax             
          liabilities.  There is no evidence that McWade directly                     
          intervened to cause this excess deduction, but there is evidence            
          that he took an active role in seeing that the prepaid interest             
          was posted in time to permit full deduction in 1986.  We conclude           
          that the excess deduction of personal interest in 1987 is                   
          improper and not one that would have been extended to other                 
          affected taxpayers.  Thus, while it is unclear that McWade                  
          undertook any action to secure the improper deduction, it is also           






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