- 38 - 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".Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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