- 2 - thereof. The issue for decision is whether the resulting discharge of indebtedness income is excludable from petitioners’ 1995 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. When petitioners filed their petition, they resided in Fallston, Maryland. The Partnership’s Debts At all relevant times, petitioner 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, petitioner and other general partners of the partnership executed a personal guaranty agreement, whereby they 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: Chester L. Price, docket No. 6639-02; Jose Martinez, Deceased, docket No. 6641-02; and Jose and Nancy Gracia, docket No. 6642-02.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011