- 19 - respondent's proposed application of section 1281(a)(1) presented an issue of first impression in Security State Bank v. Commissioner, 111 T.C. at 214. However, after examining our approach in Security Bank Minn., we concluded in Security State Bank v. Commissioner, supra, that: Our analysis in Security Bank Minn. v. Commissioner, supra, makes clear that we have interpreted section 1281 as having no application to loans made by banks in the ordinary course of business, regardless of whether the loans are characterized as generating interest or original issue discount. We, therefore, hold that section 1281(a)(1) does not apply to the loans in issue. [Id. at 215; fn. ref. omitted.] In the case at hand, we follow Security Bank Minn. v. Commissioner, supra, as explained by Security State Bank v. Commissioner, supra, to hold that no accrual is required under section 1281(a)(1) with respect to IFNB's consumer, commercial, and agricultural short-term loans to its customers. V. Respondent's Third Argument: IFNB's Time Deposits and CD's Are Not "Bank Loans Made to Customers" As an alternative to the foregoing arguments, which relate to all the short-term obligations held by IFNB during the years at issue, respondent makes a third argument, which applies only to IFNB's time deposits and CD's, the obligors of which were other banks. In essence, respondent asserts that even if Security Bank Minn. v. Commissioner, supra, and Security State Bank v. Commissioner, supra, were properly decided, the legal standard wePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011