- 18 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011