Legal Opinion

Security State Bank v. Commissioner

United States Tax Court

Decided September 3, 1998No. Tax Ct. Dkt. No. 15478-96PublishedCited by 20 opinions

P is a bank that uses the cash method of accounting. During 1989, P made short-term loans to customers. The principal and interest on the loans were payable at maturity. R determined that P must accrue interest and/or original issue discount on the loans pursuant to sec. 1281(a)(1) and ( 2), I.R.C. HELD: Sec. 1281(a)(2), I.R.C., does not require a bank to accrue interest on short-term loans made in the ordinary course of its business.

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P is a bank that uses the cash method of accounting. During 1989, P made short-term loans to customers. The principal and interest on the loans were payable at maturity. R determined that P must accrue interest and/or original issue discount on the loans pursuant to sec. 1281(a)(1) and ( 2), I.R.C. HELD: Sec. 1281(a)(2), I.R.C., does not require a bank to accrue interest on short-term loans made in the ordinary course of its business. Security Bank Minn. v. Commissioner, 98 T.C. 33 (1992), affd. 994 F.2d 432 (8th Cir. 1993). HELD, FURTHER: Sec. 1281(a)(1), I.R.C., does not require a bank to…

1Opinion of the Court

OPINION

Ruwe, Judge:

Respondent determined a deficiency of $29,972.41 in petitioner’s 1989 Federal corporate income tax. The issue for decision is whether section 1281(a)1 requires petitioner, a cash basis taxpayer, to accrue interest and/or original issue discount earned on short-term loans.

Background

The parties submitted this case fully stipulated. The stipulation of facts and supplemental stipulation of facts are incorporated herein by this reference. Petitioner is a corporation whose principal place of business was in Wellington, Kansas, at the time it filed the petition.

Petitioner is a…

2Cases cited3 opinions

  1. Hesselink v. CommissionerUnited States Tax Court · 1991
  2. Security Bank Minnesota v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 1993
  3. Sec. Bank Minn. v. Comm'rUnited States Tax Court · 1992

3Cited by20 opinions

  1. Lunsford v. Comm'rUnited States Tax Court · 2001
  2. Bank One Corp. v. Comm'rUnited States Tax Court · 2003
  3. AHG Invs., LLC v. Comm'rUnited States Tax Court · 2013
  4. Battat v. Comm'rUnited States Tax Court · 2017
  5. Nihiser v. Comm'rUnited States Tax Court · 2008

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