- 28 - compensation paid under section 83. We disagree. The existence of OID is determined as of the date of issue of the investment unit. Secs. 1273(b)(2), 1273(c)(2), 1275(a)(2)(B). In support of the argument that it should be entitled to a $3.069 million deduction for 1992 as loan fees with regard to the $26 million loan, petitioner relies on cases where options were issued as trade discounts in connection with long-term sales contracts. See Computervision Intl. v. Commissioner, T.C. Memo. 1996-131; Convergent Techs., Inc. v. Commissioner, T.C. Memo. 1995-320; Sun Microsystems, Inc. v. Commissioner, T.C. Memo. 1993-467. Petitioner's reliance on these cases is misplaced. The options in the instant case were not issued as trade discounts but as part of a lending transaction. Further, the cases cited do not involve loan fees or loan charges. No credible evidence supports petitioner's claimed deduction for loan fees. Further, under section 83 only upon exercise of stock options received for services rendered may a corporation claim deductions for compensation paid. The options at issue herein were not issued to FNBB in connection with services rendered. The evidence does not support, for any of the years in issue, petitioner’s claim to a deduction of $3.069 million for OID, loan fees, or compensation paid under section 83 relating toPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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