KTA-Tator Inc. - Page 4

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               On its 1992 and 1993 Federal income tax returns, petitioner            
          did not report interest income from the advances.  On September             
          27, 1995, respondent issued a notice of deficiency to petitioner.           
          Respondent determined that petitioner, pursuant to section 7872,            
          had unreported interest income of $30,718 for 1992 and $5,225 for           
          1993.  Based on these amounts, respondent determined that                   
          petitioner was liable for deficiencies of $10,443 for 1992 and              
          $1,828 for 1993.                                                            
                                     Discussion                                       
               Section 7872 was enacted as part of the Deficit Reduction              
          Act of 1984 (DEFRA), Pub. L. 98-369, sec. 172(a), 98 Stat. 699.             
          Section 7872 sets forth the income and gift tax treatment for               
          certain categories of "below-market" loans (i.e., loans subject             
          to a below-market interest rate).  Section 7872 recharacterizes a           
          below-market loan as an arms-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 made a transfer            
          of funds to the borrower, and the borrower used these funds to              
          pay interest to the lender.  The transfer to the borrower is                
          treated as a gift, dividend, contribution of capital, payment of            
          compensation, or other payment depending on the substance of the            
          transaction.  The interest payment is included in the lender's              
          income and generally may be deducted by the borrower.  See H.               
          Conf. Rept. 98-861, at 1015 (1984), 1984-3 C.B. (Vol. 2), 1, 269;           




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