- 310 - 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-Page: Previous 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 Next
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