KTA-Tator Inc. - Page 8

                                        - 8 -                                         
          & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1339 (1971), affd.              
          without published opinion 496 F.2d 876 (5th Cir. 1974).                     
          Petitioner made loans, without written repayment terms, to its              
          only shareholders and had unfettered discretion to determine when           
          the loans would be repaid.  Therefore, the loans are demand                 
          loans.                                                                      
               We note that a technical correction in the Tax Reform Act of           
          1986 amended section 7872(f)(5) and expanded the definition of              
          demand loan to include, "To the extent provided in regulations,             
          * * * any loan with an indefinite maturity."  Tax Reform Act of             
          1986, Pub. L. 99-514, sec. 1812(b)(3), 100 Stat. 2834.  The                 
          legislative history accompanying the technical correction                   
          provides the following justification for the amendment:                     
                    The definitions of term loan and demand loan in                   
               section 7872 appear to treat loans with an indefinite                  
               maturity as term loans.  However, it often is                          
               impractical to treat a loan with an indefinite maturity                
               as a term loan, since section 7872 requires the                        
               computation of the present value of the payments due                   
               under such a loan.  Accordingly, the bill grants the                   
               Treasury Department authority to treat loans with                      
               indefinite maturities as demand loans rather than term                 
               loans.  [S. Rept. 99-313, at 958 (1986), 1986-3 C.B.                   
               (Vol. 3) 1, 958; emphasis added.]                                      
          The Department of the Treasury, however, has not promulgated                
          final regulations for section 7872, and the proposed regulations            
          fail to address the treatment of loans that have indefinite                 
          maturities and are not payable on the demand of the lender.  As a           
          result, such loans are not demand loans and, pursuant to section            
          7872(f)(6), are term loans.                                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011