Questione giuridica chiave
Did paying the sale proceeds to a mortgage-secured creditor amount to an unjustified creditor preference excluding tax relief?
Decisione estratta
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.
Motivazione estratta
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.