Estate of H.A. True, Jr. - Page 250




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              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...)           





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