Raymond T. and Patricia Murphy - Page 7

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          view possible gaps in the evidence.                                         
          2. Deductibility of Interest                                                
          Turning to the main issue in the case--Murphy’s attempted                   
          $225,000 deduction for interest--we begin with the law.  Section            
          163(a) states as a general rule that “there shall be allowed as a           
          deduction all interest paid or accrued within the taxable year on           
          indebtedness.”  In First Natl. Co. v. Commissioner, 32 T.C. 798,            
          807 (1959), revd. and remanded on other grounds 289 F.2d 861 (6th           
          Cir. 1961), we defined indebtedness as “an existing,                        
          unconditional, and legally enforceable obligation for the payment           
          of money.”                                                                  
               Recognizing this, the Commissioner argues first that the               
          disputed check couldn’t have gone to pay interest on Hamseh and             
          Desert Spice because Murphy had already paid off those notes,               
          meaning there was no underlying valid debt between Murphy and               
          Hunt.  The Commissioner’s strongest argument is the presence of             
          the legend “paid in full” marked on the promissory notes for both           
          Hamseh and Desert Spice.  If Murphy had paid these notes                    
          according to their original terms, they would both have been paid           
          off by December 1997.  The problem, however, is that neither                
          party introduced documentary or expert evidence of when the notes           
          were marked as “paid in full.”  Murphy himself testified that the           
          promissory notes were marked “paid in full” only much later.  At            
          the end of 1997, he said he still had not ponied up enough money            






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