- -23 The issue of whether petitioners had discharge of indebtedness income in 1987 from the satisfaction of mortgages on the Third Street property, or whether, as petitioner contends, any gain or loss should have been recognized in 1985 is disposed of by our conclusion that equitable ownership of the property was transferred in 1985. Section 1001 states that the gain from a sale or other disposition of property is the excess of the amount realized over the taxpayer's adjusted basis as provided in section 1011. Section 1001(b) defines the amount realized as the sum of any money received plus property received. Liabilities assumed or paid by a purchaser are included in the amount realized by the seller on the sale. Crane v. Commissioner, 331 U.S. 1, 13-14 (1947). Since petitioners' interest in the property was transferred in 1985 he had no income from discharge of indebtedness in 1987. When the purchase agreement was entered into, petitioner transferred to the law partnership any interest he had in the Third Street property. The law partnership at that time obtained the property, subject to any obligations thereon. The Crane case dealt with property taken subject to a mortgage, and the Court specifically stated that the amount of the mortgage debt to which the property was subject was additional consideration for the property in the year the property was transferred subject to thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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