Michael Correra - Page 11

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                  Although section 164(d)(4) is captioned in terms of "seller                            
            and purchaser", we think it applies here.  As we have held above,                            
            the involuntary taking of the property by the FDIC is treated                                
            broadly as a "disposition", a term that fairly includes "sale".                              
            And the parties to the involuntary transaction thus qualify as                               
            "seller and purchaser" within the meaning of the statute.  There                             
            is no dispute between the parties here that the real property tax                            
            year here is the year July 1, 1990 to June 30, 1991, and that the                            
            FDIC's payment of taxes related to that tax year.  Accordingly,                              
            pursuant to section 164(d)(1)(A), that portion of the $49,602.93                             
            real estate taxes paid by the FDIC, which is allocable to the                                
            period July 1, 1990 to April 10, 1991, the day before seizure of                             
            the property by the FDIC, is "imposed on the seller                                          
            [petitioner]."  On brief, petitioner states that the amount thus                             
            allocable to and deductible by him is $38,381.  Our own                                      
            computation gives us a slightly higher figure.  However, apart                               


                  4(...continued)                                                                        
                              (1) General rule.--For purposes of subsection (a),                         
                        if real property is sold during any real property tax                            
                        year, then--                                                                     
                              (A) so much of the real property tax as is                                 
                        properly allocable to that part of such year which ends                          
                        on the day before the date of the sale shall be treated                          
                        as a tax imposed on the seller, and                                              
                              (B) so much of such tax as is properly allocable                           
                        to that part of such year which begins on the date of                            
                        the sale shall be treated as a tax imposed on the                                
                        purchaser.                                                                       




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