- 318 - If the deferred payment arrangement were considered to be a 6-month term loan, then section 7872 would deem Jean True to have made a gift, on the notice dates, of approximately 6 months’ worth of interest on the $13,298,978 aggregate purchase price. Although Jean True actually received payment only 3 months after the notice dates, section 7872 does not appear to provide explicitly for any adjustment to be made to the amount of the gift if a gift term loan is prepaid. Respondent’s determination appears to be a reaction to the possible harshness of such a result. In the statutory notice, respondent asserted that the amount of Jean True’s gift arising from the deferred payment arrangement was $192,307. The notice stated that this amount represented 91 days of interest on the $13,298,978 sales price. Although respondent now maintains that the consequences of the deferred payment arrangement should be determined under section 7872, respondent has not increased the amount of the asserted gift. Respondent’s calculation of the amount of the gift is consistent with the treatment that would obtain under section 7872, if the deferred payment arrangement were treated as a demand gift loan rather than a term gift loan.92 Although 92The provisions requiring payment “within six months” after the notice dates, the fact that payment was in fact made only 3 months after those dates, and the possible harshness of imputing, under these circumstances, a gift in an amount equal to the value (continued...)Page: Previous 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 Next
Last modified: May 25, 2011