- 10 - 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 improvedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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