- 4 - Section 1272(a)(1) requires the holder of any debt instrument having original issue discount issued after July 1, 1982, to include in gross income an amount equal to the sum of the daily portions of the original issue discount for each day during the taxable year on which the holder held such debt instrument.4 Original issue discount is defined as the excess, if any, of the stated redemption price at maturity over the issue price. Sec. 1273(a). Furthermore, section 1286(a) provides for a stripped bond to be treated as a bond originally issued on the purchase date and having an original issue discount equal to the excess of the stated redemption price at maturity over such bond's ratable share of the purchase price. Petitioners argue that because they use the cash receipts and disbursements method of accounting they should not be required to include the disputed amount of original issue discount in their gross income until they actually receive the original issue discount. We disagree with petitioners. Section 1272(a)(1) clearly requires the holder of a debt instrument issued at a discount to include in gross income for the taxable 4 The requirement that debt instrument holders include original issue discount in income ratably over the life of the instrument was first enacted by the Tax Reform Act of 1969, Pub. L. 91-172, sec. 413, 83 Stat. 487, 609, as former section 1232(a)(3). This requirement was carried forward as former section 1232A(a)(1) by the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, sec. 231, 96 Stat. 324, 496. The language of section 1272(a)(1), enacted by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 41, 98 Stat. 494, 531, is substantively identical to former section 1232A(a)(1).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011