- 5 - the property from Norman pursuant to the option with the NBHA for $1,808,500. Corbin West paid the $1,808,500 by assuming the existing first mortgage of $873,000, obtaining a second mortgage of $920,000, and paying the balance from the limited partners' contributions. Corbin West also gave the NBHA a promissory note (the note) for $1,341,500 (the difference between the alleged fair market value of $3,150,000 and the amount already paid of $1,808,500). The note was recourse against Corbin West but not against the general partner or any of the limited partners. The note was not secured by the property. Interest and principal on the note were not payable until the earlier of the sale of the property or January 1, 2011. The note was subordinated to repayment of the first and second mortgages, repayment of loans from the general partner plus interest, and repayment of the limited partners' capital contributions and loans plus 8 percent interest. The NBHA did not record the note as an asset on its financial statements. On its Federal income tax returns for 1990, 1991, 1992, and 1993, Corbin West included the note in the property's basis for purposes of determining its depreciation deductions and low- income housing credits. On these returns, Corbin West also claimed accrued interest deductions related to the note of $135,000, $147,492, $160,719, and $175,323, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011