Questão jurídica principal
Whether the amortization portion of the real-estate leasing instalments is deductible as debt interest or acquisition expense.
Decisão extraída
No. The amortization portion is neither deductible debt interest nor deductible income-producing expense because it is a prepayment of the purchase price, not a direct cost of earning rental income.
Fundamentação extraída
A deductible debt interest presupposes a capital debt; here no valid purchase right existed because the property purchase agreement lacked public notarization under Art. 216 OR. The amortization payments therefore did not service a capital debt and were not directly incurred to generate rental income.