- 24 - 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).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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