- 4 - Petitioner timely filed a 2001 Federal income tax return. On August 13, 2003, respondent mailed a notice of deficiency to petitioner with respect to the 2001 tax year. Petitioner timely filed a petition on April 10, 2006.3 Discussion Based on the foregoing facts, which are not in dispute, petitioner argues that the portion of his loan payments applicable to the principal should be deductible as a business expense. Respondent argues that to allow petitioner a deduction for repayment of the principal on the loan would essentially allow a “double deduction”. Respondent argues that petitioner used the loan to purchase the lots and established petitioner’s tax basis in them. Respondent notes that each of the five lots that secured the loan was sold before 2001, and that any gain or loss on the sale of those lots should or could have already been reported on petitioner’s returns for years before 2001. Summarily, respondent’s argument is that petitioner has, or could have, already recovered the cost of the lots when they were sold, 3 Petitioner filed a ch. 13 petition in the U.S. Bankruptcy Court for the District of New Jersey on Sept. 5, 2000. In 2000, the filing of a ch. 13 petition triggered an automatic stay which prohibits the commencement of a proceeding in the Tax Court concerning the debtor. See 11 U.S.C. sec. 362(a)(8) (2000). The automatic stay was lifted on Jan. 10, 2006, when the bankruptcy court entered an order granting petitioner a discharge under ch. 13 of the Bankruptcy Code. Due to the automatic stay, the running of the time for petitioner to file a petition in this Court was suspended, which allowed him to file a timely petition after the discharge from bankruptcy. See sec. 6213(f)(1).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007