- 23 - 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 notPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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