T.C. Memo. 1996-191 UNITED STATES TAX COURT DONALD J. AND JUDITH E. PERACCHI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 22511-93. Filed April 22, 1996. Ps contributed three parcels of real property and their unsecured promissory note to their wholly owned corporation. The parcels were encumbered by deeds of trust securing debt obligations in amounts that were in excess of the combined adjusted basis of the parcels in the hands of Ps. The face amount of Ps' promissory note was greater than the excess of the encumbering liabilities over Ps adjusted basis in the properties. Held: Ps failed to carry their burden of proving that their unsecured promissory note constituted genuine indebtedness. Under sec. 357(c)(1), I.R.C., Ps are required to recognize gain measured by the excess of the debt obligations secured by deeds of trust over Ps' adjusted basis in the real property.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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