- 49 - indebtedness within the meaning of the statute, stating in pertinent part that “although an indebtedness is an obligation, an obligation is not necessarily an ‘indebtedness’”. Id. at 497. Nevertheless, the Supreme Court’s rejection of the taxpayer’s argument was more firmly rooted in the Court’s holding that the disputed payments did not constitute a payment of interest within the meaning of the statute. See Deputy v. du Pont, supra at 498. Petitioner’s interpretation of Deputy v. du Pont, supra, for the proposition that “Salina’s short sale obligation” is “not an ‘indebtedness’ that constitutes a ‘liability’ under Section 752 of the Code”, overstates the Supreme Court’s holding in that case. In the first instance, the Supreme Court’s statement in Deputy v. du Pont, supra at 497, that “an obligation is not necessarily an ‘indebtedness’”, which was directed at the taxpayer’s obligation to transfer an amount equivalent to the dividends paid on the borrowed securities to the lender, does not constitute a blanket holding that a borrower’s obligation to close a short sale by returning the borrowed securities to the lender will never be considered an indebtedness. Moreover, petitioner attempts to equate the term “indebtedness”, as contemplated under section 23(b) of the Internal Revenue Code of 1928, with the term “liabilities” as used in section 752, without any meaningful analysis or citation to precedent. We, of course, are in no way constrained (nor prepared)Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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