Michael Correra - Page 4

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            1991, petitioner is not entitled to a capital loss carryover of                              
            $3,000 in 1992.                                                                              
                  Petitioner filed a petition with the Bankruptcy Court on                               
            December 12, 1991, seeking protection under Chapter 7 of the                                 
            Bankruptcy Code.  Petitioner was discharged from bankruptcy by                               
            order entitled Discharge of Debtor dated March 26, 1992.                                     
                  The total real estate taxes due on the Exeter Street                                   
            property during 1991 were $49,602.93.  Petitioner agrees that                                
            they were paid in 1991 by the FDIC, and an exhibit before us                                 
            discloses that they were paid on July 10, 1991, and August 15,                               
            1991.  Petitioner claimed in his 1991 Federal Income Tax return a                            
            deduction in the amount of $24,801 for real estate taxes paid by                             
            the FDIC.  Respondent contends that petitioner is not entitled to                            
            any real estate tax deduction because he was not the payor of the                            
            real estate taxes.                                                                           
            1.  Disposition of Exeter Street Property                                                    
                  Section 1001(a)1 provides that "The gain from the sale or                              
            other disposition of property shall be the excess of the amount                              
            realized therefrom over the adjusted basis".  Section 1.1001-                                
            2(a)(1), Income Tax Regs., includes in the amount realized "the                              
            amount of liabilities from which the transferor is discharged as                             


                  1  Unless otherwise indicated, all section references are to                           
            the Internal Revenue Code in effect for the years in issue, and                              
            all Rule references are to the Tax Court Rules of Practice and                               
            Procedure.                                                                                   




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