- 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
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