Thomas J. Gaffney and Anne F. Gaffney - Page 4

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               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).                      




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