- 3 - Pursuant to the March 5, 1990 agreement, petitioner increased his indebtedness on the $2,000,000 note by borrowing an additional $600,000 from Capitol Bank. The $600,000 was stated to be for specified purposes in specified amounts, particularly, to pay interest owed on the $2,000,000 note, reduce the personal indebtedness of Banker and Lewis to Capitol Bank (for which he was apparently responsible), and pay outstanding real estate taxes on the Exeter Street property. In connection with this refinancing, petitioner executed a quitclaim deed on March 5, 1990, to an escrow agent. Capitol Bank was seized by the FDIC sometime prior to April 11, 1991. On April 11, 1991, due to petitioner's default on the Capitol Bank notes, the FDIC took possession of the quitclaim deed from the escrow agent. On November 12, 1991, the FDIC executed a Mortgage Discharge in connection with the Exeter Street property which was recorded on December 17, 1991. At the time the FDIC took the quitclaim deed from the escrow agent, petitioner owed Capitol Bank a total of $3,600,000 in connection with the property. These debts were forgiven by the FDIC's Mortgage Discharge. During 1991, petitioner had a $3,152,867 basis in the Exeter Street property. The parties have stipulated that if the Court determines that petitioner did not sustain a capital loss inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011