June Cordes, et al. - Page 24




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          under section 482; respondent accordingly disallowed what he                
          determined were excessive interest deductions claimed by CFC--              
          $52,870 in 1992 and $19,105 in 1993--and determined that like               
          amounts were properly allocated to the Cordeses as income from              
          constructive dividends, rather than from interest.23  See sec.              
          1.482-1A(b)(1), Income Tax Regs.                                            
               On brief, respondent conceded that CFC may deduct as                   
          interest expense--and the Cordeses may report as income from                
          interest, rather than from constructive dividends--amounts equal            
          to those calculated pursuant to section 1.482-2(a)(2)(iii),                 
          Income Tax Regs.; i.e., the safe-haven interest rate.24                     
          Respondent maintained that the amounts of the transfers in excess           
          of those computed in accordance with section 1.482-2(a)(2)(iii),            
          Income Tax Regs., are nondeductible interest expenses with regard           
          to CFC and income from constructive dividends with regard to the            
          Cordeses.                                                                   





               23In his notice of deficiency, respondent failed to reduce             
          the Cordeses’ interest income by the amounts he reallocated to              
          income from constructive dividends.  In his reply brief,                    
          respondent conceded that the Cordeses may reduce interest income            
          reported on their returns to the extent we hold the transfers are           
          income to the Cordeses from constructive dividends.                         
               24The parties have not computed the safe-haven interest                
          rates applicable under sec. 1.482-2(a)(2)(iii), Income Tax Regs.            
          Our holding is not to be construed in any way as allowing                   
          respondent to reallocate, with respect to these items, more than            
          $52,870 in 1992 or $19,105 in 1993.                                         




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