Estate of H.A. True, Jr. - Page 242




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              The taxpayers in Frazee sold property to family members in              
          exchange for a note.  The interest rate on the note, although               
          less than a market rate, was sufficient to avoid the                        
          recharacterization of any part of the stated principal of the               
          note as interest under section 483.  The Frazee taxpayers argued            
          that as a result, the note could not be a “below-market loan”               
          subject to section 7872.  We disagreed.  In our view, sections              
          483 and 1274 were enacted to ensure the proper characterization             
          of payments as principal or interest for income tax purposes.  By           
          contrast, the key issue for gift tax purposes is the valuation of           
          all payments (both principal and interest).  See Krabbenhoft v.             
          Commissioner, 94 T.C. 887, 890 (1990), affd. 939 F.2d 529 (8th              
          Cir. 1991).  We held in Frazee that sections 483 and 1274 simply            
          were not relevant for that gift tax purpose.                                
              The Commissioner’s primary position in Frazee was that the              
          value of the intrafamily note for gift tax purposes should be its           
          “present value” under section 7872 (i.e., a value determined by             
          reference to the applicable Federal rate), rather than its fair             
          market value under general tax principles (i.e., a value                    
          determined by reference to market interest rates).  Although we             
          found this position to be “anomalous” because it was contrary to            
          the traditional fair market value approach, Frazee v.                       
          Commissioner, supra at 590, we nevertheless accepted the                    
          Commissioner’s treatment of the intrafamily note as a below-                






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