- 3 - Rowes wanted to characterize the transfers as loans because the Rowes believed that additional equity in petitioner would increase their estate tax burden and reduce the amount of property received by their heirs. The transfers were unsecured, undocumented, and petitioner agreed to pay a 10-percent return on all transfers from 1987 through 2000. During this 14-year period, the prime rate fluctuated between 6 and 9.5 percent for almost 12 years. Petitioner made monthly payments to the Rowes calculated at 10 percent of the transferred funds (i.e., reflected in the “notes payable - stockholders” account balance). The monthly payments represented an investment return and were not repayments of the transfers. Petitioner’s partial repayments, however, were sporadic, paid on demand, based on the Rowes’ financial needs, and not subject to set or predetermined due dates. From 1987 to 2000, the Rowes’ transfers were not repaid in full. Tennessee residents, pursuant to Tenn. Code Ann. sec. 67-2- 101 (2000), are taxed on the receipt of dividends and interest. Promissory notes that mature in 6 months or less are, pursuant to Tenn. Code Ann. sec. 67-2-101(1)(B)(i), exempt. To avoid the tax on interest and dividends, petitioner and the Rowes took the position that the transfers were demand notes. Petitioner, however, reported the transfers as long-term liabilities, on its financial statements, to avoid violating loan agreements withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011