Epic Associates 84-III, William C. Griffith, Jr. - Page 85




                                       - 168 -                                        
             secured by notes of limited partners", and thus petitioners              
             contend that the 16 promissory notes were "adequately                    
             secured" without regard to the value of the real estate.                 
             Second, they argue that "the real estate was never legal                 
             security for the promissory notes; therefore, the value of               
             the real estate in 1985 is irrelevant."  We disagree.                    
                  Each of the 16 promissory notes states that it "is the              
             Note described in and secured by a Deed of Trust dated                   
             February 1, 1985, on property located in HARRIS COUNTY,                  
             State of TEXAS", and each note sets forth the address of                 
             the property.  Each related deed of trust provides a legal               
             description and an address of the property securing the                  
             note.  Those documents are complete in and of themselves                 
             and make no reference to "an $80,000 line of credit from                 
             Community".  In form, each of the 16 promissory notes                    
             purports to be secured by one of the 16 properties.                      
             Furthermore, petitioners do not take issue with the premise              
             of respondent's argument that each of the 16 promissory                  
             notes that was issued by EPIC, the general partner of each               
             partnership, to CSL, an affiliated savings and loan                      
             associate, is a nonrecourse obligation.  Accordingly, we                 
             agree with respondent that none of the promissory notes can              
             be treated as bona fide indebtedness unless petitioners                  
             prove that the amount of the debt does not unreasonably                  






Page:  Previous  153  154  155  156  157  158  159  160  161  162  163  164  165  166  167  168  169  170  171  172  Next

Last modified: May 25, 2011