U.S. Bancorp, Successor In Interest to West One Bancorp and Subsidiaries, formerly known as Moore Financial Group, Inc. - Page 18

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          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).                                                               




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