Epic Associates 84-III, William C. Griffith, Jr. - Page 169




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             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 Fox                








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