107 T.C. No. 7 UNITED STATES TAX COURT REPUBLIC PLAZA PROPERTIES PARTNERSHIP, PFI REPUBLIC LIMITED, INC., TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 23300-94. Filed September 16, 1996. Company A (A) sold Company B (B) a 35-percent interest, and retained a 65-percent interest, in a commercial office building (building) that was subject to an existing loan (loan) made by Company C (Lender). A and B contributed their respective interests in the building to Partnership P (P) that was formed by A and B pursuant to a partnership agreement (partnership agreement), and P assumed the loan. Pursuant to a lease, P leased A the building, which was approximately 29 percent vacant, for a term of 24 years and 11.5 months. Except for a small amount of space, A was not to occupy the building, but instead was to sublease it. The lease required A to pay P rent in the amounts and on the dates specified in a schedule contained in the lease (rent payment schedule) that took into account, inter alia, the requirements of Lender with respect to servicing the loan. The lease and the rent payment schedule allocated the rental payments for the entirePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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