- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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