- 20 - announced in those cases does not apply to the time deposits and CD's in this case. According to respondent, our precise holding in Security Bank Minn. v. Commissioner, supra, was that section 1281 does not apply with respect to short-term loans made by a bank to its customers in the ordinary course of its business. Respondent asserts that IFNB's time deposits and CD's do not constitute "loans made to customers", as that term was employed by Security Bank Minn. (and Security State Bank v. Commissioner, supra). Therefore, argues respondent, our holdings in those cases do not apply to IFNB's short-term time deposits and CD's, even if we decide that the holdings do apply to IFNB's loans (as we have done). As a result, concludes respondent, the short-term obligation rules can be applied to IFNB's short-term time deposits and CD's, without violating either the spirit or the letter of Security Bank Minn. (or Security State Bank). In support of this argument, respondent notes that the Court in Security Bank Minn. v. Commissioner, supra, considered in some detail the meanings of the words "acquire" and "issue" (including variants thereof). This consideration, of course, was quite appropriate, because the short-term obligation rules apply to acquisition discount or original issue discount, depending on the type of obligation involved.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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