- 16 - 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 inPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011