- 8 - because of the unusual payment arrangement with Moncor Bank relating to petitioners' assignment of the installment contracts, petitioners should not be considered liable for the total $1 million stated principal amount of the Bank loan. Respondent argues that the fair market value of the Ranch was $1 million, that petitioners were liable for the entire $1 million stated principal amount of the Bank loan, and that the payment arrangement between petitioners and Moncor Bank should not be regarded as limiting petitioners' liability for the full $1 million stated principal amount of the Bank loan. Respondent therefore argues that no exception applies to preclude petitioners' recognition of discharge of indebtedness income. In the instant case, the unusual payment arrangement between petitioners and Moncor Bank relating to the Bank loan casts significant doubt on petitioners' liability for the total $1 million stated principal amount of the Bank loan. With every sale of a cabin lot, petitioners and Moncor Bank reduced the stated principal amount due on the Bank loan by an amount equal to 95 percent of the cabin lot sales contract, regardless of the receipt by Moncor Bank of any actual installment payments from purchasers of the cabin lots. When the FDIC refused to honor this payment arrangement with regard to the Bank loan, a legitimate dispute arose regarding the nature and amount of petitioners' liability on the Bank loan. The dispute over petitioners' liability on the Bank loan wasPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011