- 12 - Respondent argues that Tufts is controlling, while petitioners argue that the transaction at issue was subject to section 465(b)(4) and therefore Tufts has no application.4 We essentially rejected petitioners' argument when we previously held that the at-risk rules of section 465 do not supersede the judicial doctrines for testing the inclusion of purported nonrecourse debt in basis. Waddell v. Commissioner, 86 T.C. 848, 899 (1986) (citing S. Rept. 94-938 (1976), 1976-3 C.B. (Vol. 3) 49, 86, and noting that the at-risk rules do not replace the rules for basis determination), affd. 841 F.2d 264 (9th Cir. 1988). Since the debt is included in basis notwithstanding any limitations imposed by section 465, the exception in section 1.1001-2(a)(3), Income Tax Regs., would not apply. Moreover, under the symmetrical analysis, it follows that where nonrecourse liability has been properly included in basis initially, it must thereafter also be included in the amount realized on disposition of the encumbered property. Furthermore, we note that the losses limited by section 465 are recognized upon disposition of the property. Allen v. Commissioner, T.C. Memo. 1988-166; see also sec. 465(a)(2). 4 Petitioners refer to a footnote in Tufts in support of their position: “this congressional action [enactment of sec. 465] may foreshadow a day when nonrecourse and recourse debts will be treated differently”. However, respondent points out that the Supreme Court went on to say that “neither Congress nor the Commissioner has sought to alter Crane’s rule of including nonrecourse liability in both basis and the amount realized.” Commissioner v. Tufts, 461 U.S. 300, 309 n.7 (1983).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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