2925 Briarpark, Ltd., James C. Motley, Tax Matters Partner - Page 2

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          partners' capital accounts for 1989.1  After concessions, the               
          issue for decision is whether the income realized from the                  
          discharge of nonrecourse loans should be treated as gain derived            
          from dealings in property includable in gross income under                  
          section 61(a)(3) or as discharge of indebtedness income within              
          the meaning of section 61(a)(12).                                           
               This case was submitted without a trial pursuant to Rule               
          122.2  The stipulation of facts and the attached exhibits are               
          incorporated by this reference, and the facts contained therein             
          are found accordingly.                                                      
                                     Background                                       
               Briarpark is a Texas limited partnership whose principal               
          place of business, at the time of filing the petition, was                  
          Houston, Texas.  Briarpark is subject to TEFRA provisions                   
          contained in sections 6221 through 6233.  During 1989, the                  
          partners in Briarpark were:                                                 
               Name                          Type of Partnership Interest             
          Janet Stein                             General partner                     
          Robert Husmann                          General partner                     
          William C. Motley                       General partner                     
          Billy G. Motley                         General partner                     
          Jon D. Motley                           General partner                     
          James H. Motley                         General partner                     

               1The FPAA was mailed to the tax matters partner and each of            
          the partners entitled to notice.                                            
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code as in effect for the year at issue, and           
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  




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