- 5 - high debt-to-value ratio. In order to buy the property, petitioner wanted to obtain some seller financing. Fourth, petitioner could not decide if the property was acceptable without the approval of Frederick R. Black (Black), his new partner. Black saw the East Boulevard property in early March 1990. Petitioner did not look at any properties after February 27, 1990; he was extremely busy because of the tax season. Smith intended to talk to petitioner on March 26 about making an offer on the East Boulevard property, but it is unknown whether he did so. Petitioner and Black did not make an offer to buy the property until May 14, 1990. On May 25, 1990, petitioner and Black, as SB Properties, a North Carolina general partnership, contracted with Harold H. and Loretta K. Brown (Mr. and Mrs. Brown) to buy the East Boulevard property. Paragraph (2) of Addendum "A" of the Offer to Purchase and Contract states as follows: Exchange Provision. Buyer may wish to qualify this transaction under Section 1031 of the Internal Revenue Code; therefore, Buyer shall have the right to cause Seller to accept suitable property in exchange for all or part of Seller's property hereunder; provided that, property exchanged to Seller shall be subject to immediate purchase by a third party, and provided further that the cost to Seller of accepting the exchange property and transferring it to a third party shall be reimbursed to Seller by Buyer, and provided that the terms and conditions of such exchange shall in no event be more onerous and burdensome to Seller. On June 19, 1990, Mr. and Mrs. Brown transferred the East Boulevard property to petitioner and Black as tenants in common.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011