- 10 - Generally, gain or loss from the disposition of property is measured by the amount realized less the adjusted basis of the property. Sec. 1001(a). The amount realized from the sale or other disposition of property is defined as money received plus the fair market value of any property received. Sec. 1001(b). Furthermore, the amount realized generally includes the amount of liabilities from which the transferor is discharged as a result of the sale or disposition. Sec. 1.1001-2(a), Income Tax Regs. An exception to this rule applies if the liability was incurred by reason of the acquisition of the property but such liability was not taken into account in determining the transferor’s basis for the property. Sec. 1.1001-2(a)(3), Income Tax Regs.; see also Brown-Forman Corp. v. Commissioner, 94 T.C. 919, 940 (1990), affd. 955 F.2d 1037 (6th Cir. 1992); cf. Mendham Corp. v. Commissioner, 9 T.C. 320 (1947); Lutz & Schramm Co. v. Commissioner, 1 T.C. 682 (1943). When a nonrecourse liability is at issue, a discharge of the liability occurs when there is a sale or other disposition of the property that secures the nonrecourse liability. Sec. 1.1001-2(a)(4)(i), Income Tax Regs. A charitable contribution of property can be treated as a sale or exchange. Guest v. Commissioner, 77 T.C. 9, 25 (1981); sec. 1.1011-2(a)(3), Income Tax Regs. Both parties cite Commissioner v. Tufts, 461 U.S. 300 (1983), in their arguments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011