Legal Opinion

Franklin v. Commissioner

United States Tax Court

Decided August 4, 1981No. Docket No. 9657-78PublishedCited by 10 opinions

On Mar. 9, 1972, petitioner-husband borrowed $ 2,250,000 from bank A. Bank A sold participations in the loan to other banks. On Mar. 9, 1973, (1) the $ 2,250,000 loan was renewed; (2) petitioner-husband borrowed $ 120,124.99 from bank A, which deposited the proceeds into his otherwise minimally used account at bank A; (3) petitioner-husband wrote a check for interest of $ 120,124.99 payable to bank A, which, in turn, distributed some of the interest to the other banks.

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On Mar. 9, 1972, petitioner-husband borrowed $ 2,250,000 from bank A. Bank A sold participations in the loan to other banks. On Mar. 9, 1973, (1) the $ 2,250,000 loan was renewed; (2) petitioner-husband borrowed $ 120,124.99 from bank A, which deposited the proceeds into his otherwise minimally used account at bank A; (3) petitioner-husband wrote a check for interest of $ 120,124.99 payable to bank A, which, in turn, distributed some of the interest to the other banks. Bank A sold participations in the $ 2,250,000 renewal loan (but not the $ 120,124.99 loan) to other banks. On Mar. 9, 1974,…

1Opinion of the Court

Chabot, Judge:

Respondent determined deficiencies in Federal individual income tax against petitioners for 1973 and 1974 in the amounts of $61,293.85 and $111,465.77, respectively. In connection with issue (2) infra, petitioners claim overpayments for both years. The issues for decision are as follows:(1) Whether petitioners are entitled to deduct $120,124.99 and $206,414.491 as interest paid for 1973 and 1974, respectively, under section 163,2 as a consequence of petitioner-husband’s transactions with a bank; and(2) Whether, if petitioner-husband’s transactions do not result in his being…

2Cases cited24 opinions

  1. Harrison v. SchaffnerSupreme Court of the United States · 1941
  2. Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
  3. Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  4. G. Douglas Burck and Marjorie W. Burck v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
  5. Burck v. CommissionerUnited States Tax Court · 1975

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

3Cited by10 opinions

  1. Crown v. CommissionerUnited States Tax Court · 1981
  2. Menz v. CommissionerUnited States Tax Court · 1983
  3. Noble v. CommissionerUnited States Tax Court · 1982
  4. Modeer v. CommissionerUnited States Tax Court · 1982
  5. Crown v. CommissionerUnited States Tax Court · 1981

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

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