L&C Springs Associates, Solomon A. Weisgal Investment Associates, Tax Matters Partner, et al. - Page 23

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            realization of L&C Springs' income relating to relief on its                              
            $2,250,000 nonrecourse indebtedness to Tanglewood.                                        
                  Petitioners contend that Tanglewood’s and Cal Fed’s                                 
            postponement until 1991 of the foreclosure sale was based on the                          
            hope that additional funds might be raised by L&C Springs to                              
            avoid the foreclosure sale.  This contention is not credible.                             
            L&C Springs defaulted on its indebtedness to Tanglewood as early                          
            as 1987.  It was apparent in October of 1990, and earlier, that                           
            no additional funds would be available and that a foreclosure                             
            sale was inevitable.                                                                      
                  In 1989, L&C Springs ceased paying Tanglewood rent due on                           
            the land relating to the L&C Properties.  As of the end of                                
            October of 1990, CB&A had turned over all management of the                               
            properties to Cal Fed and to a management company working for Cal                         
            Fed.  By December of 1990, L&C Springs no longer reported rental                          
            income from the L&C Properties.                                                           
                  Petitioners rely on cases involving recourse debt and argue                         
            that no sale or exchange occurs until a foreclosure sale occurs                           
            and until a taxpayer's right of redemption of the foreclosed                              
            property expires.  See R. O'Dell & Sons Co. v. Commissioner,                              
            supra; Eisenberg v. Commissioner, 78 T.C. 336 (1982).  Where,                             
            however, recourse debt is involved (as distinguished from                                 
            nonrecourse debt that is involved in the instant cases)                                   
            abandonment or other disposition of the underlying property will                          
            not trigger a sale or exchange because the debt is not                                    




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