Corbin West Ltd. Partnership, CDC Equity Corp., Tax Matters Partner - Page 11




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          v. Commissioner, supra.  There is no evidence that the NBHA                 
          considered the credit rating of Corbin West before agreeing to              
          accept the note.  See Capek v. Commissioner, 86 T.C. 14, 48-49              
          (1986); Burns v. Commissioner, 78 T.C. 185, 212 (1982); Estate of           
          Helliwell v. Commissioner, 77 T.C. 964, 976-977, 987-988 (1981).            
          The NBHA never recorded the note as an asset on its financial               
          statements.  At the time of trial, the NBHA could not locate the            
          note.  See Patin v. Commissioner, 88 T.C. 1086 (1987), affd.                
          without published opinion 865 F.2d 1264 (5th Cir. 1989), affd.              
          without published opinion sub nom. Hatheway v. Commissioner, 856            
          F.2d 186 (4th Cir. 1988), affd. sub nom. Gomberg v. Commissioner,           
          868 F.2d 865 (6th Cir. 1989), affd. sub nom. Skeen v.                       
          Commissioner, 864 F.2d 93 (9th Cir. 1989).  The note was                    
          subordinate to repayment of the preexisting debt and the                    
          obligations to the partners, which greatly exceeded the                     
          property's fair market value at the note's inception.  The facts            
          in toto indicate that the NBHA did not expect the note to be                
          repaid and never treated the note as genuine debt.                          
               On the basis of our review of the entire record, we hold               
          that there was no reasonable likelihood that Corbin West would              
          pay off the note; therefore, the note lacks economic substance              
          and is not includable in the property's basis.  Accordingly,                
          Corbin West is not entitled to depreciation deductions or low-              
          income housing credits related to the note.                                 





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