Ramon A. Garcia and Bertha E. Garcia - Page 27

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             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.                                            














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