Donald A. Robins - Page 6

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          signed, the partnership renegotiated the provisions of the sale             
          with the Institution of Mercy.  The purchase price remained at $9           
          million but cash to be paid at closing was reduced from $2                  
          million to $400,000, and the $6 million note and mortgage were              
          correspondingly increased to $7.6 million.  On December 30, 1985,           
          the Institution of Mercy conveyed the property to the partnership           
          for $9 million under the following terms:  $80,000 deposit paid             
          December 1985; $10,000 additional deposit paid December 1985;               
          $310,000 paid December 30, 1985; $1 million note and mortgage               
          secured by the convent property; and $7.6 million note secured by           
          the remaining unimproved property.  The $7.6 million note and               
          mortgage was nonrecourse and had an interest rate equal to the              
          greater of 10 percent or 2 percent plus the prime commercial rate           
          of the Bank of New York.  The $1 million note and mortgage was              
          nonrecourse, had no stated interest rate, and was subordinate to            
          all mortgages which existed at the closing or arose thereafter.             
          Payment of the $1 million note was due December 30, 1988.                   
               As of the date of trial in Mount Mercy Associates v.                   
          Commissioner, supra, the mortgage note secured by the covenant              
          property was not paid, even though all other obligations                    
          concerning the transactions were fully executed.                            
               This Court found that the donation to the Institution of               
          Mercy lacked economic substance and held that the partnership was           
          not entitled to charitable deductions for 1985 and 1986.  Mount             
          Mercy Associates v. Commissioner, supra.  We found that the                 




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