- 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).Page: Previous 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 Next
Last modified: May 25, 2011