-16- We accept the structure of the transaction as cast by petitioners. The substance of the transfer of the Escondido property from petitioner to Balmac comports with the form of a sale transaction. Consequently, we sustain respondent's determination that petitioner sold the Escondido property to Balmac. Having determined that a sale occurred, we turn to the tax consequences flowing from petitioner's sale to Balmac. The purchase price for the Escondido property was $7 million. At closing Balmac paid $2 million in cash and gave a $5 million installment note. Security for the note was reconveyed to Balmac in 1986, and there is no evidence that any obligation to pay the note remained. The reconveyance of the note amounts to a cancellation of the note. The cancellation requires recognition of gain of $4,121,930 under section 453B(a) and (f) in 1986.5 5 Sec. 453B(a) provides in part: SEC. 453B(a). General Rule.--If an installment obligation is satisfied at other than its face value or distributed, transmitted, sold, or otherwise disposed of, gain or loss shall result to the extent of the difference between the basis of the obligation and-- * * * * * * * (2) the fair market value of the obligation at the time of distribution, transmission, or disposition, in the case of the distribution, transmission, or disposition otherwise than by sale or exchange. Sec. 453B(f) provides: (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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