Douglas R. and Jane E. Prince - Page 16

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          loan (with payments not less frequently than quarterly) is                  
          required over the term of the loan", sec. 72(p)(2)(C).  The                 
          requirement of section 72(p)(2)(C) applies to loans made,                   
          renewed, renegotiated, modified, or extended after December 31,             
          1986.  Tax Reform Act of 1986, Pub. L. 99-514, sec. 1134(b), 100            
          Stat. 2085, 2484.                                                           
               Respondent, citing petitioners' concession that the renewed            
          loan does not provide for "level amortization", argues that the             
          renewed loan does not qualify for the section 72(p)(2)(A)                   
          exception because it does not meet the section 72(p)(2)(C)                  
          requirement of "level amortization".  Consequently, respondent              
          contends that the renewed loan is a taxable distribution to                 
          petitioners pursuant to section 72(p)(1)(A).  Petitioners,                  
          however, merely argue that "There is not enough in the record to            
          cause the $50,000 loan to constitute taxable income to the                  
          petitioners under Section 72(p)."                                           
               Contrary to respondent's argument, section 72(p)(2)(C)                 
          provides that the exception pursuant to section 72(p)(2)(A) does            
          not apply unless the loan requires substantially level                      
          amortization.  The phrase "substantially level amortization" is             
          less stringent than the phrase "level amortization".  Although              
          petitioners conceded that the renewed loan did not provide for              
          "level amortization", respondent must still establish that the              
          renewed loan did not have "substantially level amortization" in             
          order to prevent the application of the exception contained in              




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