- 6 - itemized deductions were correct.) We must also decide whether petitioners are liable for additions to tax under section 6661 for a substantial underpayment of tax for 1987 and 1988. I. Were Dividends Properly Imputed to Petitioners Under Section 7872 for 1987 and 1988? Section 7872 was enacted as part of the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 172(a), 98 Stat. 699. Section 7872 sets forth the appropriate income and gift tax treatment for certain categories of "below-market" loans; i.e., loans that are interest free or that provide for interest that is lower than the AFR. Sec. 7872(e)(1); KTA-Tator, Inc. v. Commissioner, 108 T.C. 100, 105 (1997). Section 7872 recharacterizes a below-market loan, as defined in section 7872(e)(1), so that the loan becomes the equivalent of an arm's-length transaction in which the lender made a loan to the borrower in exchange for a note requiring the payment of interest at a statutory rate. As a result, the parties are treated as if the lender had made a transfer of funds to the borrower, and the borrower then used these funds to pay interest to the lender. The deemed transfer to the borrower is treated either as a gift, dividend, contribution of capital, payment of compensation, or other payment depending on the substance of the transaction. The deemed interest payment is included in the lender's income and generally may be deducted by the borrower, subject to the rules governing the deductibility of interest. KTA-Tator, Inc. v. Commissioner, supra at 102; see H.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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