- 19 - (D) compensation, however designated, for the use of, or the right to use, any tangible personal property manufactured or produced by the taxpayer, if during the taxable year the taxpayer is engaged in substantial manufacturing or production of tangible personal property of the same type, or (E) active business computer software royalties (as defined in subsection (d)). Based upon the above, the narrow question at issue in this case is whether the interest income received by petitioner in connection with the purchase money obligations taken to facilitate its sale of real properties is included in the term "rents" as defined by section 543(b)(3). This depends upon whether the purchase money obligations on which the interest was paid are "debts" which represent "the price for which real property held primarily for sale to customers in the ordinary course of its trade or business was sold or exchanged by the corporation". Sec. 543(b)(3). The language of section 543(b)(3), "property held primarily for sale to customers in the ordinary course of its trade or business", is nearly identical to the language of section 1221(1). Accordingly, this and other courts have used the cases decided under section 1221(1) for guidance in deciding whether section 543(b)(3) applied. See Kent Indus. Corp. v. Commissioner, 25 T.C. 215, 219 (1955). The same should also be true of the cases underPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011