- 31 - Accordingly, we hold that Henry and Esther were the primary obligors on the FirsTier note and that the payments made by HJA on the FirsTier note were taxable as ordinary income to Henry and Esther in the years determined by respondent and were deductible by HJA. 2. Chevrolet Debt Whether Henry was an accommodation party with respect to the Chevrolet debt depends, in the first instance, on whether the dissolution of partnership agreement qualifies as a negotiable instrument under Nebraska law. See Neb. Rev. Stat. U.C.C. sec. 3-104(b), which defines the term “instrument” used in Neb. Rev. Stat. U.C.C. sec. 3-419(a) to mean “negotiable instrument.” Neb. Rev. Stat. U.C.C. section 3-104(a) provides that an instrument is negotiable if the following requirements are met: (1) The promise or order must be unconditional; (2) the amount of money must be “a fixed amount of money, with or without interest or other charges described in the promise or order”; (3) the promise or order must be “payable to bearer or to order”; (4) the promise or order must be payable “on demand or at a definite time”; and (5) the promise or order must not state “any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money”, with exceptions that do not apply in this case.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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