- 315 - The amount Jean True ultimately received on the payment date (September 30, 1994) was equal to the $13,298,978 “amount loaned”. Because the “present value” of $13,298,978 to be paid up to 6 months in the future, without interest, is less than $13,298,978, the deferred payment arrangement was a “below-market loan”. Sec. 7872(e)(1)(B). C. Gift Loan Section 7872 applies to certain defined categories of below- market loans. See sec. 7872(c)(1). One of these categories is gift loans. See Sec. 7872(c)(1)(A). A gift loan is defined as “any below-market loan where the foregoing of interest is in the nature of a gift.” Sec. 7872(f)(3). As we said in Frazee v. Commissioner, supra at 589: The question of whether the forgoing of interest is in the nature of a gift is determined under the gift tax principles of chapter 12. See sec. 7872(d)(2). Under traditional gift tax principles, we look to whether the value of the property transferred exceeds the value of the consideration received, dispensing with the test of donative intent. Therefore, a below-market loan will be treated as a gift loan unless it is a transfer made in the ordinary course of business, that is, unless it is a transaction which is bona fide, at arm’s length, and free of donative intent. * * * [Emphasis added.] See also sec. 25.2512-8, Gift Tax Regs. We also note that intrafamily transactions are subject to special scrutiny and are presumed to be gifts. See Harwood v. Commissioner, 82 T.C. 239, 259 (1984), affd. without published opinion 786 F.2d 1174 (9th Cir. 1986).Page: Previous 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 Next
Last modified: May 25, 2011