- 99 - of cases should be based upon the purchase prices of the properties as opposed to the principal amounts of the notes. See Brannen v. Commissioner, 722 F.2d at 513 (Chabot, J., concurring). Therefore, as framed by the parties, the first issue in these cases is whether the principal amount of the first mortgage notes issued by each partnership unreasonably exceeds the value of the properties securing the notes. Petitioners argue that "the fair market value of the properties [purchased by each partnership] was at least equal to the amount of the debt at the time it was incurred." They argue that the fair market value of each of the subject properties is its contract price, as established by a contemporaneous appraisal that was made by an independent, unrelated appraiser. The appraisals reflect the sale of each property to an individual buyer, rather than the bulk sale of all of the properties to a single buyer. Petitioners argue that the promissory note issued to purchase each of the properties, based upon 85 to 95 percent of the contract price, is bona fide indebtedness. Petitioners emphasize that "each of the nonrecourse mortgages in the partnerships was insured by an unrelatedPage: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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