2925 Briarpark, Ltd., James C. Motley, Tax Matters Partner - Page 9

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          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) (holding              




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