- 96 - be repaid in full. See, e.g., Siegel v. Commissioner, supra at 688. In the case of nonrecourse indebtedness, such as that involved in the instant cases, the indebtedness is a lien that the debtor must satisfy according to its terms in order to retain possession and use of the encumbered property, but there is no fixed, unconditional obligation of the debtor to pay. See, e.g., Waddell v. Commissioner, 86 T.C. 848, 898 (1986), affd. 841 F.2d 264 (9th Cir. 1988). However, the lack of personal liability of the debtor, by itself, does not mean that nonrecourse indebtedness will not be repaid, nor does it disqualify the nonrecourse indebtedness from being considered genuine. See, e.g., Hager v. Commissioner, supra at 773; Mayerson v. Commissioner, 47 T.C. 340, 351- 352 (1966). A nonrecourse mortgage can be found to be genuine indebtedness for tax purposes "on the assumption that the mortgage will be repaid in full." Commissioner v. Tufts, 461 U.S. 300, 308 (1983). We have previously summarized the approaches taken by the courts in determining whether a purported nonrecourse liability is to be treated as true debt for Federal tax purposes. See, e.g., Waddell v. Commissioner, supra at 900-902; Fox v. Commissioner, supra at 1019-1021. In FoxPage: Previous 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Next
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