Legal Opinion

Roemer v. Commissioner

United States Tax Court

Decided December 12, 1977No. Docket Nos. 3837-74, 3838-74, 3915-74PublishedCited by 5 opinions

In five separate transactions petitioners paid certain amounts which were designated as prepaid interest. Held, Rev. Rul. 68-643, 1968-2 C.B. 76, by its terms, applies retroactively to an interest prepayment sufficient to pay 3 2/3 years' interest where such amount may be, and is applied, at the sole discretion of the lender, to satisfy interest obligations arising during a period in excess of 5 years from the prepayment date.

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In five separate transactions petitioners paid certain amounts which were designated as prepaid interest. Held, Rev. Rul. 68-643, 1968-2 C.B. 76, by its terms, applies retroactively to an interest prepayment sufficient to pay 3 2/3 years' interest where such amount may be, and is applied, at the sole discretion of the lender, to satisfy interest obligations arising during a period in excess of 5 years from the prepayment date. Held, further, Rev. Rul. 68-643 applies retroactively to the entire amount of an interest prepayment for an indefinite period where there is at least a probability that…

1Opinion of the Court

Forrester, Judge:

In these consolidated cases, respondent has determined deficiencies in petitioners’ Federal income taxes as follows:

Petitioners Taxable year Amount

Paul F. Roemer, Jr., and Marcia E. Roemer, docket No. 3837-74. 1968 $20,817.55

1969 4,837.21

Robert S. Brickell and Roberta A. Brickell, docket No. 3838-74. 1968 23,727.94

1969 90.67

Harry T. Holgerson, Jr., and Mary E. Holgerson, docket No. 3915-74. 1964 1,883.05

1965 133,754.58

1966 221,513.25

1967 385,666.48

1968 428,111.80

1969 207,583.51

Concessions having been made, there are two issues remaining for our decision: (1) Whether certain…

2Cases cited16 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Kapel Goldstein and Tillie Goldstein v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1966
  3. Mayerson v. CommissionerUnited States Tax Court · 1966
  4. Goldstein v. CommissionerUnited States Tax Court · 1965
  5. Sandor v. CommissionerUnited States Tax Court · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Schubel v. CommissionerUnited States Tax Court · 1981
  2. Harry T. Holgerson, Jr. And Mary Holgerson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1981
  3. Roemer v. CommissionerUnited States Tax Court · 1977
  4. Sanborn v. CommissionerUnited States Tax Court · 1983
  5. Schubel v. CommissionerUnited States Tax Court · 1981

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