- 9 - that give rise to separate Federal income tax consequences. The latter item might be subject to section 1041; the former is not. As noted above, although under certain circumstances specific statutes control the Federal income tax consequences of certain awards, judgments, or payments, the statutes do not necessarily control the Federal income tax consequences of interest paid to the taxpayer in connection with such awards, judgments, or payments. See Kovacs v. Commissioner, 100 T.C. 124 (1993); Aames v. Commissioner, 94 T.C. 189 (1990); and Tiefenbrunn v. Commissioner, 74 T.C. 1566 (1980). With respect to interest, we see no reason why transactions subject to section 1041 should be treated any differently than transactions subject to sections 104(a)(2) and 1033. Consequently, we conclude that section 1041 has no application to the interest petitioner received from Mr. Gibbs during the years in issue, and hold that such interest must be included in her income in the year received. Petitioner suggests that if she is required to include the interest in her income, taxpayers receiving "unstated" interest under similar circumstances will receive an unfair tax advantage. We view the hypothetical problem presented in her argument to be one of proof rather than principle. We can envision a case where the distinction between the payment of interest and the payment of the underlying obligation is not clearly drawn. In such a case the facts and circumstances might have to be examined toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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