2925 Briarpark, Ltd., James C. Motley, Tax Matters Partner - Page 16

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          Liberty Mirror we did not consider the character of the                     
          nonexistent income.  Danenberg v. Commissioner, 73 T.C. at 383.             
          Thus, we are satisfied that the discharge of the loans, the                 
          transfer of the property, and the assignment of the sale proceeds           
          constitute a single integrated sale or exchange.                            
               Alternatively, petitioner argues that Briarpark realized               
          $9,200,000 of COI income in 1987 when InterFirst and Briarpark              
          agreed to convert the outstanding balance of the original loan,             
          which exceeded the fair market value of the property, from                  
          recourse to nonrecourse debt.                                               
               Whether a debt has been discharged is dependent upon the               
          substance of the transaction.  Cozzi v. Commissioner, 88 T.C.               
          435, 445 (1987).  A debt is considered to be discharged at the              
          point when it becomes clear that the debt will never have to be             
          paid.  Id.  In deciding when such a moment occurs, we must                  
          consider the actions of the parties together with other facts and           
          circumstances relating to the likelihood of payment.  Id.  Any              
          identifiable event that fixes with certainty the amount to be               
          discharged may be taken into consideration.  Id. (citing United             
          States v. S.S. White Dental Manufacturing Co., 274 U.S. 398                 
          (1927)).                                                                    
               The existence of a faint possibility that a debt may be                
          collected does not prevent the recognition of COI income.                   
          Exchange Sec. Bank v. United States, 492 F.2d 1096, 1099 (5th               
          Cir. 1974); cf. Fidelity-Philadelphia Trust Co. v. Commissioner,            




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