Estate of Jose Martinez, Deceased, Patrick G. Martinez, Personal Representative - Page 2

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          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.                                




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