Estate of H.A. True, Jr. - Page 229




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          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.                                                                       




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