- 12 - nonrecourse debt in exchange for a cash payment of $11,114,027 of which only $177,495 was from petitioner's own funds and the remaining $10,936,532 was the proceeds from the sale to Dan Associates. We disagree. We recognized in Gershkowitz that the tax consequences from the discharge of nonrecourse debt depend upon whether the mortgagor transfers or retains the property securing the debt and, accordingly, analyzed the tax consequences of each debt separately. The taxpayers in Gershkowitz discharged the two loans in independent settlements, in one of which the taxpayers retained the encumbered property and in the other of which they did not. Petitioner would have us treat the cash sale and the discharge of the loans as two independent events. The record before us, however, is replete with evidence that both loans were discharged as a result of a single transaction involving the sale of encumbered property. NCNB conditioned the discharge of the loans upon the sale of the property, and Dan Associates conditioned the purchase upon that discharge. At the end of the day, NCNB had the proceeds from the sale, Dan Associates had the property, and Briarpark was relieved of the entire balance of the loans. In the foregoing context, the arrangements among NCNB, Dan Associates, and Briarpark embodied a single transaction to sell the property securing the loans. Accordingly, we must conclude that Gershkowitz is not dispositive in the instant case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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