- 2 - decision is whether the resulting discharge of indebtedness income is excludable from gross income pursuant to section 108.1 We hold that it is.2 Background The parties submitted this case fully stipulated pursuant to Rule 122. The stipulations of the parties, with accompanying exhibits, are incorporated herein by this reference. On October 10, 2000, decedent died. His estate was administered by Patrick Martinez and was closed on June 19, 2001. When the petition was filed, Patrick Martinez resided in Timonium, Maryland. The Partnership’s Debts At all relevant times, decedent was a general partner in Notchcliff Associates (the partnership), a Maryland general partnership that was engaged in the business of developing a continuing care facility. On April 9, 1985, the partnership borrowed $18 million from The Commercial Bank (the bank) for use in its business. On that same date, decedent and other general partners of the partnership executed a personal guaranty agreement, whereby they jointly and 1 Unless otherwise indicated, section references are to the Internal Revenue Code for the taxable year at issue, and Rule references are to the Tax Court Rules of Practice and Procedure. 2 Essentially identical issues are presented in three other cases also decided today: Ralph J. and Joan B. Mirarchi, docket No. 6638-02; Chester L. Price, docket No. 6639-02; and Jose Gracia and Nancy Gracia, docket No. 6642-02.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011