Taxpayer Case Study

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Dear Mr. Gaylord Bigmoney: Thank you for contacting me to review your investments and for advice on whether or not to purchase additional state and municipal bonds. Mr. Rich Broker has given you a couple recommendations about your investment portfolio. First, Mr. Broker has recommended that you take the cash presently invested in the Certificates of Deposits and purchase more state and municipal bonds. Second, Mr. Broker has recommended that you borrow an additional $800,000 on one of the unencumbered apartment houses, which would require you to give a Deed of Trust for security on the loan, and use the loan proceeds to purchase more state and municipal bonds. When Mr. Broker gave you these recommendations the rates were as follows: present…show more content…
In looking at Bishop v. Commissioner 342 F.2d 757, this case is similar to your current situation. In this case the taxpayer, Bishop, borrowed some money from The Society for Savings using collateral securities that were not tax-exempt obligations. Bishop later transferred all her investments for real property, while at the same time she borrowed additional money from a trust company. The taxpayer then used all the proceeds from the new loan to repay the prior loan. The Commissioner in this case ruled that the indebtedness was not incurred to purchase tax-exempt obligations. The indebtedness was not paid off when the tax-exempt obligations were purchased, but were continued to purchase tax-exempt obligations. Therefore the interest was not deductible under I.R.C §265(a)(2). The Bishop v. Commissioner 342 F.2d 757 case relates to your situation due to the fact that Mr. Broker wants you to use the money invested in the Certificate of Deposit to purchase tax-exempt municipal bonds. If you decide to take Mr. Brokers advise you will be faced with a situation similar to the taxpayer, Bishop, in the case that you are continuing the indebtedness to purchase state and municipal bonds which leads me to believe that court would disallow

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