Henry and Esther Misle - Page 31




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                  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.                                                 








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