William J. Cutts - Page 27

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          supra at 105.  We conclude under Alabama law that open-account              
          debts from Mr. Cutts to ATV would be netted against open-account            
          debts from ATV to Mr. Cutts.10                                              
               We now turn to the Federal income tax treatment of the debts           
          under section 7872.  Under section 7872(a)(2), any forgone                  
          interest attributable to periods during any calendar year are to            
          be treated as transferred (and retransferred) on the last day of            
          such calendar year.  However, the parties conceded, through their           
          arguments and the ledgers, that, for purposes of this case,                 
          interest should be imputed and treated as payable at the end of             
          each month rather than at the end of the calendar year.  In the             
          interests of judicial economy, we accept the parties’ concession            
          of law.  See Fazi v. Commissioner, 105 T.C. 436, 444 (1995).                
               In KTA-Tator, Inc. v. Commissioner, supra, we agreed with              
          the Commissioner and held that each of a series of advances under           
          a line of credit was a separate loan on which imputed interest              
          began to accrue under section 7872 on each advance as it was                
          made.  For authoritative guidance to support our holding, we                
          turned to the conference report to the Deficit Reduction Act of             
          1984, Pub. L. 98-369, 98 Stat. 494, which states:  “‘any transfer           


               10Under Alabama tax law, gross income includes interest or             
          other income determined in accordance with sec. 7872.  Ala. Code            
          sec. 40-18-14.3 (2003).  Alabama law does not specifically                  
          address whether cross-loans should be netted for purposes of                
          applying sec. 7872 or the correlative provision of the Alabama              
          tax law.                                                                    





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