- 36 - tioners that amount. On the record before us, we find that the check dated June 3, 2003, that petitioners issued to Kevin O’Malley for $54,400 does not qualify under section 108(e)(5) as a purchase price reduction of the $318,000 price for the sale of lot 5.32 June 14, 2000 Transaction Petitioners acknowledge that they cast the form of the June 14, 2000 transaction as a sale by petitioners of lot 12 to Edward O’Malley for $225,000. However, it is petitioners’ position that that transaction does not constitute a sale for tax purposes. In support of their position, petitioners argue: There is no debate in this case as to what tran- spired. Shortly after acquiring their home in 1997 Petitioners endeavored to investigate the subdivision and development of the property into lots for resale separate from what they desired to retain for their residence. When it was determined that the property could be subdivided under the Anne Arundel County fam- ily conveyance subdivision provisions, Petitioners elicited agreements and understandings with * * * Ed- ward O’Malley, to accept * * * Lot [12] and as regards to Lot No. 12 an agreement and understanding with Ed- ward O’Malley to reconvey Lot No. 12 to Petitioners at the expiration of the five (5) year holding period. Edward O’Malley would not benefit financially from the development of Lot No. 12, nor would he assume any of the benefits of, or incur any obligations associated with, ownership of Lot No. 12. Although Edward O’Mal- ley was legally responsible to the Bank to comply with the terms and conditions of its first mortgage loan, the evidence clearly establishes that Petitioners have paid all of the debt service on the mortgage loan in accordance with their agreement and understanding that Edward O’Malley was only to be an accommodation party 32See supra note 21.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: November 10, 2007