U.S. Bancorp, Successor In Interest to West One Bancorp and Subsidiaries, formerly known as Moore Financial Group, Inc. - Page 10

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          and 1283(c), the holder of the obligation is required to include            
          any "original issue discount" (OID) that accrues while it holds             
          the obligation during the taxable year, in its interest income              
          for that year.  Second, under section 1281(a)(2), the holder is             
          required to include any interest payable on that obligation in              
          income as it accrues.                                                       
               In Security Bank Minn. v. Commissioner, supra, we considered           
          the application of the short-term obligation rules to certain               
          loans made by a bank.  After a thorough consideration of the                
          statutory language, the relevant legislative history, and the               
          arguments of the parties, we concluded that the short-term                  
          obligation rules did not require the petitioning bank "to accrue            
          interest on the short-term loans made to customers in the                   
          ordinary course of its business."  Security Bank Minn. v.                   
          Commissioner, 98 T.C. at 43.                                                
               Petitioner asserts that the short-term obligations at issue            
          in this case are indistinguishable from the obligations we                  
          considered in Security Bank Minn. v. Commissioner, supra.  As a             
          result, argues petitioner, under the principle of stare decisis,            
          we must hold that the short-term obligation rules do not require            


               9(...continued)                                                        
                              (A) sections 1281 and 1282 shall be                     
                         applied by taking into account                               
                         original issue discount in lieu of                           
                         acquisition discount * * *                                   





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