William J. Cutts - Page 25

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          or [sic] credit or transfer of money by a lender to a borrower is           
          treated as a separate loan.”9                                               
               The subject of netting cross-loans by parties whose                    
          loan/debt relationships are covered by section 7872 is not                  
          addressed by the statute, the conference report or other                    
          legislative history, or by the proposed regulations or their                
          preamble.                                                                   
               We address the question in three steps:  First, we consider            
          the local law governing the cross-loans; second, we consider the            
          subject in light of Federal tax principles; and third, for                  
          purposes of completeness, we refer to authorities in other                  
          contexts in which netting has been addressed.                               
               Because petitioners were Alabama residents and the loans               
          were made in Alabama, we apply Alabama law to determine whether             
          the overlapping advances should be netted or treated separately             
          under local law.  See United States v. Natl. Bank of Commerce,              
          472 U.S. 713, 722 (1985); LeFrak v. Commissioner, T.C. Memo.                
          1993-526.                                                                   
               In Norris v. Commercial Natl. Bank, 163 So. 798, 801 (Ala.             
          1935), the Supreme Court of Alabama cited Washington v.                     

               9While proposed regulations do constitute “‘a body of                  
          informed judgment * * * which courts may draw on for guidance’”,            
          KTA-Tator, Inc. v. Commissioner, 108 T.C. 100, 102 (1997)                   
          (quoting Bolton v. Commissioner, 694 F.2d 556, 560 n.10 (9th Cir.           
          1982), affg. 77 T.C. 104 (1981)), we accord them no more weight             
          than a litigation position, id. at 102-103; F.W. Woolworth Co. v.           
          Commissioner, 54 T.C. 1233, 1265-1266 (1970).                               





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