- 9 - between a corporation and a shareholder, the deemed transfer of forgone interest from the corporation to the shareholder is treated as a distribution, which generally is taxed as a dividend to the shareholder. KTA-Tator, Inc. v. Commissioner, supra at 106; McGinnis v. Commissioner, T.C. Memo. 1993-45; see H. Conf. Rept. 98-861, at 1012, 1984-3 C.B. (Vol. 2) at 266. Petitioners contend that section 7872 does not apply to the instant case, arguing that interest on the loans had accrued at the AFR in 1987 and 1988 and was in fact paid in those years, although petitioners admit that interest was not expressly allocated as such until 1990. Petitioners maintain that proposed regulations under section 7872 provide support for a post-tax- yearend partial allocation of a repayment to interest at the AFR. Petitioners further assert that the adjustments made by respondent to the returns of RSI and petitioners for the years at issue shows the propriety of such post-tax-yearend partial allocations to interest. Respondent, on the other hand, argues that there was forgone interest on the loans and therefore section 7872 applies in this case, since neither petitioners nor RSI had agreed to any interest liability during 1987 and 1988. Moreover, respondent avers, no evidence exists that any of petitioners' payments to RSI in 1987 and 1988 were in fact applied to interest owed on the loans. Under the circumstances, respondent maintains that a repayment cannot be partially allocated to interest at the AFRPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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