- 299 - However, respondent now argues that the reason for this is that the deferred payment arrangement was a “below-market loan” subject to section 7872. Sec. 7872(c)(1)(A). Notwithstanding this new argument, respondent does not explain why the True family’s 5.9-percent intrafamily interest rate used to calculate the value of Jean True’s gift in the statutory notice should apply, rather than the “applicable Federal rate” expressly referenced by section 7872(e), (f)(1), and (f)(2). Petitioners make three arguments why the deferred payment arrangement was not a gift loan. First, petitioners argue that the sales of Jean True’s interests were completed for tax purposes on September 20, 1994, instead of on June 30, 1994, as asserted by respondent. According to petitioners, Jean True was not entitled to receive the sales proceeds–-and therefore could not have lent them to her sons–-until the sales were complete.84 Second, petitioners argue that the deferred payment arrangement cannot be a below-market loan subject to section 7872 because: (1) If the deferred payment arrangement were a “contract for the sale or exchange of any property” within the 84Petitioners do not explain why Sept. 20, 1994, is the relevant date. However, we note that Jean True’s acquisition (from Dave True) of some of the stock she ultimately sold to her sons appears to have been closed on that date. Petitioners also do not explain why, if Sept. 20, 1994, was the sale completion date, Jean True could not have made a below- market gift loan from that date to the payment date on Sept. 30, 1994.Page: Previous 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 Next
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