2925 Briarpark, Ltd., James C. Motley, Tax Matters Partner - Page 18

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          abandonment of the property in 1987.  Accordingly, we are                   
          satisfied that Briarpark did not realize COI income of $9,200,000           
          in 1987.                                                                    
               Having found that Briarpark discharged the loans as a result           
          of the sale in 1989, we turn to consider the effect of that                 
          determination upon the characterization of Briarpark's income.              
          The amount realized on the sale, exchange, or disposition of                
          property encumbered by nonrecourse debt includes the entire                 
          balance of the obligation.  Commissioner v. Tufts, supra; Crane             
          v. Commissioner, 331 U.S. 1 (1947); Lockwood v. Commissioner, 94            
          T.C. 252 (1990).  In this case, section 61(a)(12) has no                    
          application to a sale or exchange of property subject to                    
          nonrecourse liabilities.  Estate of Delman v. Commissioner, 73              
          T.C. 15 (1979).                                                             
               In sum, we hold that the disposition of the property                   
          constitutes a sale or exchange for purposes of section 1001 and             
          the regulations thereunder and that the income Briarpark realized           
          must be characterized as gain derived from dealings in property             
          under section 61(a)(3).  We have considered all of the other                
          arguments and, to the extent we have not addressed them, find               
          them to be without merit.                                                   
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          






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