Kernrechtsfrage
Did paying the sale proceeds to a mortgage-secured creditor amount to an unjustified creditor preference excluding tax relief?
Extrahierter Entscheid
No. Payment of proceeds to a mortgage-secured creditor was not an unjustified preference, because those claims would have been paid first in bankruptcy as well.
Extrahierte Begründung
The taxpayer did not use the proceeds carelessly in disregard of tax consequences; the bank's claim was secured by mortgage, and the same priority would have applied in bankruptcy.