- 11 - In Tufts, the Supreme Court held that where a taxpayer disposes of property encumbered by nonrecourse indebtedness in an amount that exceeds the fair market value of the property, the outstanding amount of the nonrecourse obligation is includable in the amount realized by him. Moreover, the Supreme Court concluded: Unless the outstanding amount of the mortgage is deemed to be realized [at the time of sale], the mortgagor effectively will have received untaxed income at the time the loan was extended and will have received an unwarranted increase in the basis of his property. * * * [Id. at 310; fn. ref. omitted.] “In so holding, the Supreme Court reaffirmed the Crane ‘balancing entry’ theory which is that the amount of the nonrecourse liability is to be included in calculating both the basis and the amount realized upon disposition.” Rice’s Toyota World, Inc. v. Commissioner, 81 T.C. 184, 196 n.9 (1983), affd. in part, revd. in part and remanded 752 F.2d 89 (4th Cir. 1985). This theory is based upon the assumption that the mortgage was properly includable in basis from the beginning and that it will be repaid in full. Id. Accordingly, we have concluded that Tufts involved the symmetrical treatment to be accorded where nonrecourse liability has been properly included in basis initially and must thereafter also be included in the amount realized on disposition of the encumbered property. Dean v. Commissioner, 83 T.C. 56, 78 n.10 (1984).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