- 10 - Here again we find Murphy credible when he testified that he got together with his accountant in late 1997 to calculate the number of days’ worth of interest on Hamseh and Desert Spice that $225,000 would pay off, and then secured Hunt’s acquiescence in treating the payment as interest on those two horses instead of full payment of principal for On the Piste. A note that isn’t paid according to its original terms is still a debt even though overdue, see id., and Hunt was free to accept immediate payment of interest for Hamseh and Desert Spice and equally free to extend the due date for Murphy to finish paying for On the Piste. See, e.g., Kluesner v. Commissioner, T.C. Memo. 1989-83 (“the parties to a contract may modify an existing contract by mutual consent” (citation omitted)). We hold that the $225,000 payment was for interest on a valid and enforceable debt between Murphy and Hunt. That’s all that’s required to rule in Murphy’s favor on the issue of deductibility. 3. Accuracy-Related Penalty Only the penalty issue remains. The Commissioner can impose a penalty for negligence on a taxpayer who fails to make a reasonable attempt to comply with the provisions of the Code or displays careless, reckless, or intentional disregard of the Code or regulations. Sec. 6662; sec. 1.6662-3, Income Tax Regs. In this case, the Commissioner asserted the penalty against the entire deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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