- 25 - Properties and the underlying land, and Cal Fed received the benefits of ownership. As of November 1, 1990, no additional funding was available, and the individuals involved with Tanglewood and L&C Springs knew that no further funds would become available and agreed that a foreclosure sale would occur and that no right of redemption was available. Only formal, nominal title to the property was withheld from Cal Fed until 1991. By November 1, 1990, L&C Springs had effectively abandoned its leasehold interest in the L&C Properties and the related land, and L&C Springs was relieved by such abandonment of its nonrecourse debt obligation to Tanglewood. Based on the above analysis, L&C Springs is required to realize, as of November 1, 1990, income associated with the termination of its interest in the L&C Properties and with the relief from its $2,250,000 debt obligation to Tanglewood on the L&C Note. Also, any interest expense deductions and depreciation deductions claimed by L&C Springs for periods of time after October 31, 1990, are to be disallowed.5 Decisions will be entered under Rule 155. 5 Petitioners’ counsel represent that L&C Springs should have a limited right under mitigation to open up L&C Springs’ 1991 taxable year to remove the gain reported for 1991 relating to the transaction that we treat herein as taxable in 1990. Our opinion herein, however, is not dependent upon correction of petitioners’ treatment of this item for 1991.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011