Jerome J. and Beatrice A. Mack - Page 23

                                        -  -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 the            






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