Char-Lil Corporation - Page 19

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                            (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 under                 



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