- 61 - the disputed amount was a disguised payment for the concession, petitioner argues that the 7.5-percent interest payment was a “sufficient” payment for tax purposes. Petitioner states that, if the $179 million payment were regarded simply as an undifferentiated lump-sum payment for property (“which”, petitioner argues, “strictly speaking, it is”), “the amount of interest included in the lump sum would be determined, for tax purposes, by section 483.” Petitioner states that the applicable section 483 rate was 7 percent a year compounded semiannually, which, petitioner claims, is below the interest rate that gives rise to the 7.5-percent interest payment. Thus, petitioner concludes, “the interest income attributable to the Award’s 7.5% rate, which petitioners reported in their 1982 return * * * , was more than sufficient to meet the standard of section 483.” Section 483 imputes interest (unstated interest) to a contract for the sale or exchange of property for which there is inadequate stated interest. Section 1.483-1(b)(1), Income Tax Regs., provides: “The term ‘sale or exchange’ includes any transaction treated as a sale or exchange for purposes of the Code.” Condemnation proceedings are treated as sales for Federal income tax purposes. See Hawaiian Gas Prods., Ltd. v. Commissioner, 126 F.2d 4 (9th Cir. 1942), affg. 43 B.T.A. 655 (1941); cf. Helvering v. Hammel, 311 U.S. 504 (1941). Apparently, petitioner accepts that section 483 applies to thePage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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