Cooper River Office Building Associates, Management of Cooper River, Inc., Tax Matters Partner - Page 5

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          months and years, the principal balance due on the indebtedness             
          and the proper accrued interest deduction thereon.                          
               Petitioner emphasizes the following points:  (1) That under            
          the express terms of the Partnership’s promissory note, the                 
          monthly payments of $43,725 were to represent "interest" only;              
          (2) that the Partnership’s total stated principal indebtedness on           
          the promissory note of $4,770,000 was to remain outstanding for             
          the initial 17-year term of the promissory note and was to be               
          refinanced at the end of 17 years with a new 20-year promissory             
          note that would then be amortized over the next 20 years with               
          payments of principal and interest; (3) that the enforceability             
          under State law of the terms of the initial 17-year promissory              
          note is not affected by our disregard, solely for Federal income            
          tax purposes, of a portion of the principal amount of the                   
          Partnership’s indebtedness; and (4) that to apply to principal              
          the portion of each $43,725 monthly payment that is not accruable           
          as interest (under the economic accrual method of calculating               
          interest) would represent an impermissible disregard of the                 
          interest-only feature of the Partnership’s monthly payments                 
          during the initial 17-year term of the promissory note and would            
          represent an impermissible rewrite by the Court of the                      
          Partnership’s indebtedness to a term of just over 6 years.                  
               The following language from petitioner's memorandum in                 
          support of the instant motion elaborates further on petitioner’s            
          position --                                                                 




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