- 18 - period under the terms of the note. Rather, the Commissioner found that all parties to the loan knew that the trustee intended to exercise his unilateral authority to extend it. In concluding that the loan was modified after December 31, 1986, the Commissioner stated: [The taxpayer] acknowledges that the delay in payment was discussed with the [other participants in the plan] and the [other participants] knew that no attempt would be made to demand payment. Therefore, it appears that the provision in the original loan giving the trustee unilateral authority to extend the loan was acted on, and the document [containing the written extensions] indicates the trustee did extend the loan. Even if the extension agreement was prepared after the fact, it appears in this closely held company that all parties involved knew that the trustee was extending the loan. Accordingly, the loan is to be treated as a new loan on the date of extension, and is therefore subject to the level amortization requirement. [Tech. Adv. Mem. 93-44-001 (November 5, 1993).] In contrast, there is no evidence in this case that the parties to the loan transactions intended or agreed to modify or change the terms of the loans after December 31, 1986, and thus there is no basis to find that the 1986 Act amendments are applicable. First, petitioners stipulate that there is no written document or notation evidencing aPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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