- 21 - 707(a), 721; Barenholtz v. Commissioner, 77 T.C. 85 (1981); Otey v. Commissioner, 70 T.C. 312 (1978). The partnerships paid $650,000 less than Commercial was willing to accept. Therefore, Riverbank (not a party in these cases) purchased nearly $11.5 million mortgages for just over 5 percent, or $650,000, above their fair market value. This enabled the partnerships to achieve debt relief from Commercial and also provided Riverbank with new mortgages. Parker Properties and Twenty Mile did not pay the $650,000. Both parties to the transaction had a business purpose for its consummation; Commercial realized cash on the sale of the mortgages, and Riverbank obtained assets. As part of the purchase, Riverbank, not the partnerships, is entitled to account for their acquisition. Furthermore, if the conditions warranted, Riverbank (not the partnerships) might be entitled to any potential bad debt deductions. See generally sec. 166. To hold that the partnerships should reduce their cancellation of indebtedness income by the $650,000 another entity paid would ignore the realities underlying the separate mortgage purchase agreement and the practical effects of Riverbank’s separate role as the buyer. Accordingly, the partnerships are not entitled to reduce their income by the $650,000 premium paid by Riverbank. To reflect the foregoing,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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