Estate of H.A. True, Jr. - Page 245




                                       - 313 -                                        
          IV. Deferred Payment Arrangements Are Below-Market Gift Loans               
              Subject to Section 7872                                                 
              Section 7872(c)(1)(A) provides (subject to certain                      
          exceptions not relevant to the case at hand) that section 7872              
          applies to “Any below-market loan which is a gift loan.”                    
          Therefore, section 7872 applies to the deferred payment                     
          arrangement if that arrangement is:  (1) A “loan”, (2) a “below-            
          market loan”, and (3) a “gift loan”.                                        
              A. Loan                                                                 
              Section 7872 does not define the term “loan”.  However, the             
          legislative history indicates that “loan” should be interpreted             
          broadly to include any extension of credit.  See Frazee v.                  
          Commissioner, 98 T.C. at 589 (citing conference report).  We                
          concluded in Frazee v. Commissioner, supra at 588-589, that                 
          section 7872 does not apply solely to loans of money; it also               
          applies to seller-provided financing for the sale of property.              
          In our view, the fact that the deferred payment arrangement in              
          the case at hand was contained in the buy-sell agreements, rather           
          than in a separate note as in Frazee, does not require a                    
          different result.                                                           




               90(...continued)                                                       
          as affirmed by the Court of Appeals for the Eighth Circuit in               
          Krabbenhoft, that sec. 483 is not relevant for gift tax valuation           
          purposes.  See Schusterman v. United States, 63 F.3d 986 (10th              
          Cir. 1995).                                                                 





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