- 27 - outstanding for purposes of section 72(p) despite the fact that the principal amount of the loan previously has been deemed distributed and included in the taxpayer's income under section 72(p). Furthermore, respondent cites no authority in support of the litigating position taken in this case, other than a general reference to section 72(p), nor has respondent sought to reconcile the Commissioner's position in this case with the contrary position taken in the proposed regulation. Accordingly, we hold that respondent erred in treating the unpaid interest that accrued during 1990 and 1991 on all of the loans, except for the 1986 loans, as additional distributions. See Chapman v. Commissioner, supra. Petitioners do not challenge respondent's treatment of the interest that accrued on the 1986 loans prior to the time the principal amounts were treated as distributions under section 72(p). Accordingly, we do not address whether respondent correctly included such amounts in the deemed distribution for 1991.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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