Isabel Molina and Isaac Molina, Jr. - Page 8

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          Accordingly, the final regulation is not applicable to the case             
          at bar.                                                                     
               Before the promulgation of the final regulation, a proposed            
          regulation had been issued containing these same provisions.                
          Sec. 1.72(p)-1, Q & A-4, Q & A-10, Proposed Income Tax Regs., 60            
          Fed. Reg. 66235, 66236 (Dec. 21, 1995).  The proposed regulation,           
          however, was to apply only to loans made after a certain period             
          after the final regulation had been published.  Sec. 1.72(p)-1, Q           
          & A-19, Proposed Income Tax Regs., 60 Fed. Reg. 66237 (Dec. 21,             
          1995).  Generally, proposed regulations are afforded no more                
          weight than a position advanced by the Commissioner on brief.               
          KTA-Tator, Inc. v. Commissioner, 108 T.C. 100, 102-103 (1997);              
          F.W. Woolworth Co. v. Commissioner, 54 T.C. 1233, 1265-1266                 
          (1970).                                                                     
               Nevertheless, we find that respondent’s position in the                
          proposed regulation makes more sense than respondent’s litigating           
          position that the distribution occurred in 2000.  See Garcia v.             
          Commissioner, T.C. Memo. 1998-203 (reaching this conclusion                 
          regarding another question and answer contained in the same                 
          proposed regulation), affd. without published opinion 190 F.3d              
          538 (5th Cir. 1999).  Additionally, the substantially level                 
          amortization requirement under section 72(p)(2)(C) has been                 
          interpreted as requiring that payment of principal and interest             
          be made in substantially level amounts over the term of the loan.           






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