- 10 - $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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011