- 26 - supra at 105. We conclude under Alabama law that open-account debts from Mr. Cutts to ATV would be netted against open-account debts from ATV to Mr. Cutts.10 We now turn to the Federal income tax treatment of the debts under section 7872. Under section 7872(a)(2), any forgone interest attributable to periods during any calendar year are to be treated as transferred (and retransferred) on the last day of such calendar year. However, the parties conceded, through their arguments and the ledgers, that, for purposes of this case, interest should be imputed and treated as payable at the end of each month rather than at the end of the calendar year. In the interests of judicial economy, we accept the parties’ concession of law. See Fazi v. Commissioner, 105 T.C. 436, 444 (1995). In KTA-Tator, Inc. v. Commissioner, supra, we agreed with the Commissioner and held that each of a series of advances under a line of credit was a separate loan on which imputed interest began to accrue under section 7872 on each advance as it was made. For authoritative guidance to support our holding, we turned to the conference report to the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 494, which states: “‘any transfer 10Under Alabama tax law, gross income includes interest or other income determined in accordance with sec. 7872. Ala. Code sec. 40-18-14.3 (2003). Alabama law does not specifically address whether cross-loans should be netted for purposes of applying sec. 7872 or the correlative provision of the Alabama tax law.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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