- 5 - would have been at the applicable Federal rate (AFR) under section 7872(e)(2) for 1987 and 1988. Of petitioners' repayments to RSI, KPMG calculated that $728,098 and $214,065 ought to have been applied to reduce the outstanding principal on the loans for 1987 and 1988, respectively, and $111,604 and $167,569 should have been allocated to interest at the AFR for those same years. Respondent timely issued a statutory notice of deficiency on February 16, 1996. Among other things, respondent adjusted petitioners' income for the relevant tax years to reflect dividend income from RSI pursuant to section 7872. (Respondent adjusted RSI's income on its Forms 1120 for 1987 and 1988 to reflect interest income in the amounts calculated by KPMG.) Respondent further adjusted petitioners' itemized deductions to allow for a partial deduction for the interest respondent deemed paid to RSI by petitioners for the years in question. Respondent allowed petitioners a full deduction for interest expenses identified from "investment sources" in the KPMG analysis, and a partial deduction for interest expenses identified from "personal sources", in accordance with section 163. Discussion We must decide whether respondent properly imputed dividends to petitioners in 1987 and 1988 under section 7872 where no evidence indicates that interest had accrued or was otherwise paid on the loans in those years. (Petitioners concede that respondent's adjustments to RSI's income and to petitioners'Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011