William J. Cutts - Page 33

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          the IRS; i.e., “annual netting” and “global interest netting”.              
          See FNMA v. United States, 56 Fed. Cl. 228 (2002); Rev. Proc. 94-           
          60, 1994-2 C.B. 774.                                                        
               Petitioners are entitled to net the debts and thereby fix              
          the dividend and interest income respectively realized by Mr.               
          Cutts and ATV under section 7872 in amounts smaller than those              
          determined by respondent.                                                   
               The result of our decision to net the debts is that, under             
          section 7872, ATV is considered to have made nondeductible                  
          dividend distributions to Mr. Cutts during each month of his 1997           
          calendar year in the amount of the forgone interest on the net              
          outstanding balance of each month’s debts.  Mr. Cutts is treated            
          as having retransferred the forgone interest to ATV during each             
          month of ATV’s tax year ended September 30, 1997, thereby giving            
          ATV interest income for each month of its 1997 tax year.13                  
               Mr. Cutts is not entitled to deduct the portion of                     
          constructive interest payments allocable to personal purchases              
          for the company credit card and ATV’s payment of his child                  
          support.  See sec. 163(h).  Mr. Cutts made payments on the                  
          Landmark Hall mortgage by having ATV write the mortgage payment             


               13Mr. Cutts is not treated as receiving dividend income for            
          his 1997 tax year from loans made by ATV during the 3 months                
          ended Dec. 31, 1996.  ATV is not treated as receiving interest              
          income for its tax year ended Sept. 30, 1997, from its loans made           
          to Mr. Cutts during the 3 months ended Dec. 31, 1997.  Those                
          periods are not before us.                                                  





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