- 9 - Below-Market Loans During petitioners’ 1997 tax year, ATV and Mr. Cutts had open-account indebtedness to each other. No interest was paid or accrued on amounts due ATV from Mr. Cutts or on amounts due Mr. Cutts from ATV. During preparation for trial, ATV and respondent prepared separate general ledgers (the ledgers) to show the respective amounts of debt between ATV and Mr. Cutts and the amount or amounts of imputed interest under section 7872.3 For petitioners’ 1997 tax year, the ledgers included a “receivable from shareholder” account for amounts due ATV from Mr. Cutts and a “payable to shareholder” account for amounts due Mr. Cutts from ATV. At all relevant times, Mr. Cutts’s debt to ATV exceeded ATV’s debt to Mr. Cutts. On his 1997 return, Mr. Cutts did not deduct from his $78,000 Landmark Hall rent income any of the debt that he owed ATV or that ATV owed him. In ATV’s ledger, at the end of each month of 1997, the respective debts between ATV and Mr. Cutts are netted out, and interest at the applicable Federal rate (APR) is applied to the balance. In respondent’s ledger, the column of debt from Mr. Cutts to ATV is maintained separately from the column of debt from ATV to Mr. Cutts, and interest at the APR is computed on the separate monthly balances. 3There are small discrepancies in the debt amounts recorded in ATV’s and respondent’s ledgers; those discrepancies should be reconciled by the parties in the Rule 155 computation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011