- 300 - 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:Page: Previous 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 Next
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