Estate of H.A. True, Jr. - Page 231




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          meaning of section 483, no portion of the sales price would be              
          recharacterized as interest under that section; and (2) if the              
          deferred payment arrangement were a “debt instrument given in               
          consideration for the sale or exchange of property” within the              
          meaning of section 1274, no portion of the sales price would be             
          treated as original issue discount (OID) under that section.                
              Third and finally, petitioners argue that even if the                   
          deferred payment arrangement was a “below-market loan” to which             
          section 7872 could apply, it was not a “gift loan” actually                 
          subject to that section, because allowing short delays in the               
          payment of sales proceeds, without charging interest, is a normal           
          commercial practice satisfying the ordinary business transaction            
          exception set forth in section 25.2512-8, Gift Tax Regs.                    
              We consider these arguments seriatim.  We conclude that: (1)            
          The sales of Jean True’s interests were completed for tax                   
          purposes on June 30, 1994, and July 1, 1994 (i.e., on the notice            
          dates, which are also the effective dates defined by the buy-sell           
          agreements); (2) sections 483 and 1274 do not prevent the                   
          application of section 7872 to the deferred payment arrangement;            
          and (3) the deferred payment arrangement is a below-market gift             
          loan subject to section 7872, rather than an ordinary business              
          transaction.                                                                
          II. Jean True’s Sales Were Completed on Notice Dates                        
              The “Further Assurances” provisions of the partnership buy-             
          sell agreements stated:                                                     





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