Showing posts with label CATHCART V. COMMISSIONER 36 T.C.M. 1321 (1977). Show all posts
Showing posts with label CATHCART V. COMMISSIONER 36 T.C.M. 1321 (1977). Show all posts

CATHCART V. COMMISSIONER 36 T.C.M. 1321 (1977) CASE BRIEF

CATHCART V. COMMISSIONER
36 T.C.M. 1321 (1977)
NATURE OF THE CASE: This was a dispute over the deductibility of points charged against a mortgage.
FACTS: Cathcart (D) got a net proceeds mortgage loan. The face amount was $57,600 with a 7% rate for 29 years. Ds got $55,039.92 in actual proceeds at closing. The $2,560.68 was used to pay for various fees and services and also included a $1,086.60 charge for points against the loan. D argued that these points, as charged, were in fact interest charges against the loan and deducted them in the tax year they were incurred. The IRS claims that D must prorate the points over the life of the loan.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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