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BARENHOLTZ v. UNITED STATES

Appeal No. 85-2250.

784 F.2d 375 (1986)

Bernard M. BARENHOLTZ, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

February 19, 1986.

Attorney(s) appearing for the Case

David C. Sprafkin, New York City, argued for appellant. With him on the brief was Samuel M. Sprafkin.

Bruce Ellisen, Tax Div., Dept. of Justice, Washington, D.C., argued for appellee. With him on the brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Robert A. Bernstein.

Before MARKEY, Chief Judge, SMITH and NIES, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

Plaintiff-appellant Bernard M. Barenholtz (Barenholtz) appeals from a United States Claims Court judgment dismissing his suit for refund of federal income taxes for the years 1975, 1976, and 1977. The Claims Court concluded that Barenholtz could not deduct interest on loans which were used to carry tax-exempt bonds to the extent the interest was attributable to the portions of the loans secured by the tax-exempt bonds. The court ruled...

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