Robert E. Signom, II and Lola Signom - Page 38




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          transaction pursuant to the final property exchange agreement.10            
               We next address petitioners’ contention that the cancella-             
          tion of MHR Properties’ St. Clair property interests was separate           
          from the final exchange transaction that took place on August 1,            
          1991.  In support of that contention, petitioners maintain that             
          the only reason that the final property exchange agreement                  
          required Mr. Signom to secure the cancellation of MHR Properties’           
          leasehold interest and MHR Properties’ purchase option was                  
          because “Mr. Felman needed contractual assurance that the option            
          would be extinguished.”  If, as petitioners assert, the cancella-           
          tion of MHR Properties’ leasehold interest and MHR Properties’              

               10The record contains certain documents, including a number            
          of documents that petitioners filed with their joint return,                
          which indicate that the date of the cancellation of MHR Proper-             
          ties St. Clair leasehold interest and/or MHR Properties’ purchase           
          option was Aug. 1, 1991.  For example, in Part IV of Section B of           
          Form 8283 filed with petitioners’ joint return, Brother Ploeger             
          acknowledged that the University received the claimed donated               
          property (MHR Properties’ purchase option) on Aug. 1, 1991.  In             
          addition, the final acknowledgment document that was signed by              
          petitioners sometime in 1991 or 1992 and by Brother Ploeger on              
          behalf of the University sometime around Aug. 10, 1994, stated              
          that the effective date of that document relating to the cancel-            
          lation of MHR Properties’ leasehold interest, including MHR                 
          Properties’ purchase option, was Aug. 1, 1991.  Even petitioners’           
          appraiser Mr. Nizny, in Mr. Nizny’s letter dated October 13,                
          1992, and Mr. Nizny’s letter dated August 2, 1994, which purport            
          to set forth Mr. Nizny’s opinion of the value as of Aug. 1, 1991,           
          of MHR Properties’ purchase option and MHR Properties’ leasehold            
          interest, respectively, stated that the “arms-length transaction            
          on the subject property * * * occurred on July 31, 1991".  We are           
          unwilling to rely on either of those letters or on Mr. Nizny’s              
          testimony because we found him to be not credible and unreliable.           
          Nonetheless, those letters are noteworthy in that it must have              
          been Mr. Signom to whom Mr. Nizny addressed those letters who               
          informed Mr. Nizny that the “arms-length transaction on the                 
          subject property * * * occurred on July 31, 1991".                          




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