Linda Gibbs - Page 9

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          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 to               




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