- 102 - Respondent argues that the 106 promissory notes issued by EA 83-XII and EA 84-III should be disregarded for tax purposes "because the debt substantially exceeded the fair market value of the underlying property and lacked economic substance." According to respondent's posttrial brief: Respondent's appraisals reflect that the nonrecourse debt by EMI exceeds the actual values of EA83-XII's properties by 39.40% and the actual values of EA84-III's properties by 19.53% and that EA83-XII and EA84-III "overmortgaged" the 106 properties to support nominal purchase prices that permitted Epic to receive substantial builder fees, rental deficit contributions, and rental advances. Respondent explains the computation of the above percentages as follows: Respondent's appraisals reflecting values totalling $2,658,600.00 for the properties acquired by EA83-XII demonstrate that the nonrecourse debt totalling $3,706,150.00 originated by EMI exceeds the actual values by $1,047,550.00, or 39.40%. Respondent's appraisals reflecting values totalling $2,889,150.00 for the properties acquired by EA84-III demonstrate that the nonrecourse debt totalling $3,453,450.00 originated by EMI exceeds the actual values by $564,300.00, or 19.53%. According to respondent, EA 83-XII and EA 84-III "overmortgaged" the 106 properties in order "to generate substantial builder fees, rental deficit contributions, and rental advances necessary to feed EPIC's ravenous appetitePage: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
Last modified: May 25, 2011