Layne E. Preslar and Sue F. Preslar - Page 8

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          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 was                




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