- 9 - property through the bargain sale. The first option allowed Corbin West to purchase the property for $1,760,000. The evidence suggests that this price was negotiated at arm's length. It, therefore, appears that the purchase price greatly exceeded the fair market value of the property at the time of Corbin West's acquisition, and the note was unlikely to be repaid from its inception. Furthermore, the repayment of the note was subordinate to repayment of the following: (1) The existing first mortgage of approximately $873,000, (2) the second mortgage of $920,000, (3) the limited partners' loans of $705,600 plus 8 percent interest, (4) the limited partners' capital contributions of $258,900, and (5) the general partners' loans of $500,000 plus interest. These amounts total $3,257,500. The preexisting debt on the property and the obligations to the partners already exceeded by a large amount the fair market value of the property at the time of Corbin West's purchase, and, as noted above, the repayment of the note was subordinate to repayment of that debt and those partner obligations. Therefore, there was no reasonable likelihood that the note would be repaid. See Estate of Franklin v. Commissioner, supra; Waddell v. Commissioner, supra. Additionally, it appears from the record that the property was the sole asset held by Corbin West; therefore, even if Corbin West decided to pay off the note, it is unlikely that Corbin WestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011