- 18 - the Court in Security Bank Minn. was aware of respondent's view that short-term obligations were generally issued with OID. As a result, we were inclined to disregard respondent's argument that the asserted presence of OID in this case requires a result different from that decided in Security Bank Minn., even before we had considered the effect of our recently released decision in Security State Bank v. Commissioner, supra.18 Subsequent to the parties' submissions in this case, in our decision in Security State Bank v. Commissioner, supra, we explained certain aspects of our decision in Security Bank Minn. v. Commissioner, supra. In Security State Bank, respondent made essentially the same alternative argument; i.e., that notwithstanding our decision with respect to the accrual of interest in Security Bank Minn. (under section 1281(a)(2)), section 1281(a)(1) requires accrual of OID on short-term bank loans. In response to this argument, in Security State Bank v. Commissioner, supra, we stated that, because it had not been necessary for us to make a specific holding regarding the application of section 1281(a)(1) in Security Bank Minn. v. Commissioner, supra, it could be said "in a technical sense" that 18 For a contemporaneous critical view of respondent's alternative argument based upon the 1986 Proposed Regs., see Lokken, "The Time Value of Money Rules", 42 Tax L. Rev. 1, 40 n.100 (1986).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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