Donald J. and Judith E. Peracchi - Page 10

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          $981,406.48.  Thus, petitioners say, no gain is to be recognized            
          under section 357(c)(1).                                                    
               2.  Since petitioners undertook genuine personal liability             
          for the excess of the unpaid principal balance of the Standard              
          Insurance Note over the adjusted basis in the 5118 Clinton Way              
          buildings and improvements, no gain should be recognized by                 
          petitioners under section 357(c) of the Internal Revenue Code.              
               3.  Under section 1012 of the Code, petitioners' basis in              
          the Capital Note was $1,060,000, its face amount.                           
               4.  Alternatively, under section 1012 of the Internal                  
          Revenue Code, NAC Corporation's basis in the Capital Note was               
          $1,060,000, its face amount.                                                
               All of petitioners' arguments presuppose that the Capital              
          Note represents genuine indebtedness.  Since we do not agree that           
          it does, we need not address the various convoluted approaches              
          petitioners ask us to take to arrive at the conclusion that they            
          are not required to recognize gain under section 357(c).  Nor               
          need we address such nettlesome questions as whether a taxpayer's           
          unsecured promissory note can ever constitute "property" for                
          purposes of section 357(c)(1) and related Code sections, and                
          whether such an instrument has a basis for purposes of section              
          1012, and, if so, the amount thereof.  See Lessinger v.                     
          Commissioner, 872 F.2d 519 (2d Cir. 1989), revg. 85 T.C. 824                
          (1985), Alderman v. Commissioner, 55 T.C. 662 (1971).                       




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