That's a fine line between black and white, maybe that grey area so many people want to float around in. Short sales are all the rage and you have to prove that you cannot bring funds to closing. Banks will check everything when it comes to short sales, don't think of this as an easy way out.
Why not just wait until your sell your townhome?
You're best bet would be talking to an accountant or if seek legal 'expert' advice, chat with an attorney.