- 59 - that apparently were never registered. Further, the parentage of many of the sheep in the bills of sale is either dubious or unknown. We conclude the stated bill of sale purchase prices for RCR #4's and RCR #6's "breeding sheep" were many times the actual fair market value of those "sheep". Thus, each partnership's stated purchase price for its sheep did not reasonably approximate those "sheep's" fair market value. F. Validity of the Partnerships' Notes In deciding the extent to which a nonrecourse note has economic substance, a number of cases have relied heavily on whether the fair market value of the property acquired with the note was within a reasonable range of its stated purchase price. See Estate of Franklin v. Commissioner, 544 F.2d 1045 (9th Cir. 1976), affg. 64 T.C. 752 (1975); Hager v. Commissioner, 76 T.C. 759 (1981). See also Hilton v. Commissioner, 74 T.C. 305, 363 (1980), affd. 671 F.2d 316 (9th Cir. 1982); cf. Frank Lyon Co. v. United States, 435 U.S. 561 (1978), where, among other things, the buyer-lessor in a sale-leaseback transaction was personally liable on the mortgage. As the Court of Appeals for the Ninth Circuit in Estate of Franklin v. Commissioner, 544 F.2d at 1048, stated, in pertinent part: An acquisition * * * if at a price approximately equal to the fair market value of the property under ordinary circumstances would rather quickly yield an equity in the property which the purchaser could notPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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