- 9 - money received plus the fair market value of the property received. Section 1.1001-2(a)(1), Income Tax Regs., further defines "amount realized": Except as provided in paragraph (a)(2) and (3) of this section, the amount realized from a sale or other disposition of property includes the amount of liabilities from which the transferor is discharged as a result of the sale or disposition. Various methods exist by which indebtedness may be satisfied, each method producing a different tax consequence. Danenberg v. Commissioner, 73 T.C. 370, 381 (1979). Whether the realized income is gain on the disposition of property or COI income depends on the particular facts. Id. In the instant case, the sale of the property, the transfer of cash of $177,495, and the assignment of the sale proceeds to NCNB has the same practical effect as several other transactions which have been held to be a "sale or exchange". Helvering v. Hammel, 311 U.S. 504 (1941) (holding that an involuntary foreclosure sale of real estate was a sale or exchange); Allan v. Commissioner, 856 F.2d 1169 (8th Cir. 1988) (treating the taxpayer's reconveyance of property subject to nonrecourse debt as a sale or exchange), affg. 86 T.C. 655 (1986); Yarbro v. Commissioner, 737 F.2d 479, 483-485 (5th Cir. 1984) (holding that an abandonment of real property subject to a nonrecourse debt was an exchange; i.e., an act of giving one thing in return for another thing regarded as equivalent), affg. T.C. Memo. 1982-675; Laport v. Commissioner, 671 F.2d 1028 (7th Cir. 1982) (holdingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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