- 3 - James C. Motley General partner David D. Livingston, as trustee Limited partner James C. Motley (Mr. Motley) was a general partner and the tax matters partner of Briarpark. During 1983 and 1984, Briarpark acquired a 3-acre parcel of land at 2925 Briarpark Road (property) and constructed a 12-story office building on the property. Around September 27, 1983, Briarpark borrowed $21,600,000 from InterFirst Bank Houston (InterFirst) to finance the acquisition of the property and the construction of the building (original loan). Mr. Motley executed a guaranty for principal, interest, penalties, expenses, and fees due on the original loan. On May 28, 1987, Briarpark and InterFirst modified and extended the original loan (modified loan) pursuant to a modified loan agreement. Under the agreement, Mr. Motley's obligation under the guaranty was limited to $5 million, the original loan was converted from recourse to nonrecourse, and the accrued but unpaid interest in the amount of $3,100,000 was capitalized. At that time, InterFirst estimated that the fair market value of the property was approximately $17 million. Also on May 28, 1987, Briarpark obtained a loan in the amount of $1,500,000 for tenant improvements (build-out loan) on a nonrecourse basis. On April 15, 1988, Briarpark filed its U.S. Partnership Return, Form 1065, for taxable year 1987. Briarpark did not report any income on its 1987 return with respect to the originalPage: 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