Ralph J. and Joan B. Mirarchi - Page 2

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          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.                                                 




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