- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011