-25- 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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