Sooren Hovhannissian and Estate of Mary Hovhannissian, Deceased, Sooren Hovhannissian, Executor - Page 10

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          that substantially change the property.  Conners v. Commissioner,           
          88 T.C. 541 (1987).                                                         
               In Conners v. Commissioner, supra, we held that section 1038           
          does not require a taxpayer who reacquires land improved by the             
          buyer to recognize gain on the reacquisition with respect to the            
          improvements.  In Conners, the taxpayers sold land for $10,000              
          cash and a $720,000 promissory note to a developer who                      
          constructed a 48-unit town house project.  The developer/buyer              
          defaulted on his note to the taxpayers when he could not sell all           
          the units.  The taxpayers ultimately agreed to take title to six            
          units, the land underlying those units, and six forty-eighths of            
          the common land in lieu of exercising their right to foreclose.             
          The taxpayers did not report any gain upon the reacquisition.               
          Id. at 542-543.                                                             
               In Conners, the Commissioner argued that the taxpayers were            
          required to recognize gain from the improvements because the                
          property was “substantially different from that which they sold”,           
          id. at 544, contending that section 1038 did not apply because,             
          contrary to congressional intent, the taxpayers “were in a better           
          position following the reacquisition”, id. at 545.  However, we             
          found that the taxpayers were not in a better position, and that            
          to tax them on the improvements at that point would be to                   
          “require the recognition of gain not yet realized, out of funds             
          not yet received.”  Id.  We held that “repossession of improved             





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