- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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