Raymond K. and Minerva R. Mason - Page 9

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          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 AFR              




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