Interhotel Company, LTD., Torrey Hotel Enterprises, Inc., Tax Matters Partner - Page 25

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          falls below the amount of the debt, it is the lender, and not the           
          debtor, who bears the risk of loss.                                         
               Nevertheless, it is well settled that nonrecourse liabilities          
          incurred to acquire property will constitute a part of the debtor's         
          cost basis in the property it has purchased.   Crane v.                     
          Commissioner, 331 U.S. 1, 14 (1947).  Accordingly, the debtor may           
          claim deductions attributable to that debt--such as deductions for          
          depreciation.3  However, when the debtor disposes of the property,          
          the debtor must include in its amount realized from the disposition         
          of the property the amount of any nonrecourse debt to which the             
          property is subject.  Thus, if the debtor has taken deductions              
          (such as depreciation deductions) that have lowered its cost basis          
          in the property to an amount less than the amount of the                    
          nonrecourse debt, the debtor must recognize gain at least to the            
          extent that its basis is exceeded by the amount of debt secured by          
          the property.  Commissioner v. Tufts, 461 U.S. 300, 307 (1983).             
               These nonrecourse debt principles apply to partnerships.  Not          
          surprisingly, application of these rules to partnership allocations         
          produces some fairly complicated situations.  If a partnership has          

          3         A purchaser's basis in an asset is, initially, its                
          cost.  Sec. 1012.  The Supreme Court in Crane v. Commissioner,              
          331 U.S. 1 (1947), established that the cost basis of an asset              
          includes nonrecourse indebtedness borrowed to purchase the asset.           
          See Mayerson v. Commissioner, 47 T.C. 340, 351-352 (1966). The              
          Internal Revenue Code provides that the basis is to be adjusted             
          to take into account certain factors, such as deductions for                
          depreciation under sec. 167(g). Sec. 1016(a) provides that such             
          deductions lower the amount of the purchaser's basis in the                 
          property.                                                                   




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