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| Ownership Assumed by Foundation |
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In fall 1992, Temple Associates began the process of
turning the ownership of the property over to the Foundation. The major
hurdle to overcome was the tax ramification to the partners resulting
from the donation of the property to the Foundation. The original plan
developed by the accounting firm of Deloitte & Touche was to donate
the property debt-free to the nonprofit charitable Foundation. To accomplish
this, the partners would have to contribute an additional $772,000 in
equity to the partnership in order to pay off debts. If this were done,
the property would have an appraised value of $1,060,000, which would
be the total amount of the charitable contribution of the 46 partners.
This donation would result in approximately $328,000 in reduced taxes
for the partners at the tax rates then in effect.12
The net out-of-pocket loss to the partners would have been about $461,000,
or about $10,000 apiece. If the equity donation was not made and the building
was donated with the debts, then the partners would still be faced with
a taxable gain of over $831,000 with a resulting cumulative tax bill of
$258,000. The difference for the 46 partners of donating versus not donating
the additional equity was $5,000 per partner. The partnership agreement
required unanimous approval of the partners. Over the next two years the
general partners worked to get unanimous approval. Unfortunately, the
economy at this time was not very good and most of the investors, who
for the most part were developers and property owners, were faced with
losses on their other investments. The potential capital gains did not
benefit them nor did the prospect of a tax write-off from the donation |
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