- 45 - of its position. However, those cases are distinguishable in a key respect. In both, there was agreement between the purported debtor and creditor as to the amount of the obligation and its due date, as of the time the purported interest began to accrue. Here, the amount of Indeck’s obligation, and its due date, were disputed during the period that the bulk of the claimed interest purportedly accrued. In Halle, the Court of Appeals for the Fourth Circuit, reversing our opinion in Kingstowne,20 held that an agreement for the purchase of stock at a specified price and settlement date created indebtedness on the part of the purchaser such that the purchaser’s payments to defer settlement beyond the agreed-upon settlement date constituted interest for purposes of section 163(a) rather than additional purchase price. Indeck likens the disputed $4,856,922 portion of the settlement payment here to the payments made by the purchaser in Halle to defer the settlement date of the stock purchase-–that is, as a payment for the forbearance of money owed. But a critical distinction exists. 20 Because Halle v. Commissioner, 83 F.3d 649 (4th Cir. 1996), revg. on other grounds Kingstowne v. Commissioner, T.C. Memo. 1994-630, is fully distinguishable from the facts of this case and is not inconsistent with our holding herein that Indeck has not established indebtedness for purposes of sec. 163(a), we have no occasion to reconsider our holding in Kingstowne that the purchase agreement at issue in that case created merely an option to purchase rather than an indebtedness. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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