Raymond K. and Minerva R. Mason - Page 6

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          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.            





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