- 34 - derived from the total of all claims paid by Prudential Bancorp in the settlement agreement, rather than the ultimate sale price to third parties.18 Generally, a transfer of property by a debtor to a creditor in satisfaction, in whole or in part, of an indebtedness constitutes a “sale or exchange” under section 1001, and the excess of the fair market value over the basis of the property applied against the indebtedness constitutes taxable gain. Gehl v. Commissioner, 102 T.C. 784, 786 (1994), affd. without published opinion 50 F.3d 12 (8th Cir. 1995); Allan v. Commissioner, 86 T.C. 655, 659-660 (1986), affd. 856 F.2d 1169, 1172 (8th Cir. 1988); Freeland v. Commissioner, 74 T.C. 970 (1980). The sale price represents the fair market value of the property at the time of sale. Sec. 1.1001-1(a), Income Tax Regs. Petitioners, on brief, argue that they understated the cost basis reported on their return because they calculated the Concordia Bank loan as $1 million instead of $1,400,000. Petitioners contend that the addition of the omitted amount brings the cost basis to $2,186,000. Petitioners also contend 18 It is not likely that the total of all debts settled with Prudential Bancorp approximated $1.8 million. That is so because the minimum amount of debt on the Crestwood property, as contended by respondent, is $1.75 million. In addition to the debt outstanding on the Crestwood property, petitioners settled their obligations relating to the corporate debt. It is likely that the total or overall amount of debt settled exceeded the eventual sale price of the Crestwood property, or $2,525,000.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011