- 6 - applicable Federal rate (AFR) as determined under section 1274(d). See sec. 7872(e)(1)(A). Petitioners made loans to Hilltop, and Hilltop did not pay interest on these loans. Therefore, we conclude that the loans are below-market demand loans. B. Enumerated Category Requirement Section 7872(f)(8) provides that section 7872 shall not apply to any loan to which any of certain enumerated sections applies. None of the enumerated sections applies to petitioners’ loans. Therefore, we conclude that the enumerated category requirement is met, and section 7872 applies to petitioners’ loans. Accordingly, we hold that petitioners, pursuant to section 7872, have interest income from below-market loans they made to Hilltop. Petitioners contend, but have not established, that the loans should be deducted, pursuant to section 166, as bad debts. II. Deductibility of Prepaid Taxes Section 164(a)(1) allows a deduction for real property taxes. Deduction of prepaid real property taxes has been disallowed where a cash basis taxpayer failed to establish that the prepayment represented assessed, rather than estimated, taxes, and that such taxes were due in the year they were paid. See Hradesky v. Commissioner, 540 F.2d 821 (5th Cir. 1976), affg. per curiam 65 T.C. 87 (1975). Petitioners have not establishedPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011