Donald J. and Judith E. Peracchi - Page 15

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          the decision of the U.S. Court of Appeals for the Ninth Circuit             
          (the court to which this case would normally be appealed) in Owen           
          v. Commissioner, 881 F.2d 832 (9th Cir. 1989), affg. T.C. Memo.             
          1987-375.                                                                   
               In Owen, taxpayer was an equal partner with McEachron in               
          McO, a general partnership engaged in the seismic drilling                  
          business.  In 1980, the partners borrowed money to buy drilling             
          equipment, secured the loan by the equipment, gave their personal           
          guaranties to the lender, and placed title to the equipment in              
          McO.  In 1981 the partnership transferred the equipment to the              
          partners' wholly owned corporation, at which time the                       
          indebtedness secured by the assets exceeded the assets' adjusted            
          basis.  The Ninth Circuit affirmed our holding that section                 
          357(c)(1) applied.  The court held that "'So long as the                    
          transferred property remains liable on the debt, then, such debt            
          can be a section 357(c) liability even if the * * * [taxpayer]              
          retained personal, unrelieved liability on it.'"  881 F.2d at               
          835, quoting Smith v. Commissioner, 84 T.C. 889, 909 (1985), and            
          citing additional decisions to the same effect.                             
               In the case before us, the Standard Insurance Note was                 
          secured by the deed of trust encumbering the Clinton Way                    
          Property, and in the event of a default by NAC Corporation,                 
          Standard Insurance would unquestionably have looked in the first            
          instance to the Clinton Way Property, the security under the                




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