Mark R. and Diane R. Webb - Page 15

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               Having concluded that there was a valid and enforceable                
          deficiency judgment against petitioner following the foreclosure            
          sale, and that, therefore, petitioner's liability was not                   
          extinguished as a result of the failure of the clerk of court to            
          docket the judgment, this case cannot be distinguished from the             
          Aizawa case.  Accordingly, based on the Aizawa case, the amount             
          realized by petitioners on the foreclosure sale was the sum of              
          $450,000, the amount for which the property was sold at public              
          auction.  The excess of petitioner's basis of $520,379 over the             
          amount realized of $450,000 yields a loss of $70,379 to                     
          petitioners.  Petitioners, therefore, are sustained on this                 
          issue.8                                                                     
               The second issue, in view of the Court's holding that                  
          petitioners realized a loss on the foreclosure, is whether                  
          petitioners are entitled to a credit or refund for an overpayment           
          of their 1989 taxes.  This Court has jurisdiction under section             
          6512(a) and (b) to determine an overpayment of taxes and the                
          amount of such overpayment to be credited or refunded for any               
          year before the Court.                                                      
               On their 1989 Federal income tax return, petitioners'                  
          Federal income tax, after taxes withheld, was $11,580.  On                  
          April 12, 1991, petitioners filed an amended income tax return              

          8                                                                           
               On their 1989 amended Federal income tax return, petitioners           
          claimed a loss of $75,379.  On brief, however, petitioners argued           
          that they realized a loss on the foreclosure sale in the amount             
          of $70,379.  The Court agrees that $70,379 is the correct amount            
          of the loss.                                                                



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