- 12 - entitled to a section 165 loss upon the reacquisition of the rear property in its damaged condition. Respondent, citing Conners v. Commissioner, supra, argues that section 1038 applies to real property that has been reacquired, even if it has been substantially changed. Before considering the four factors described in the legislative history and quoted in Conners v. Commissioner, supra at 544, we address petitioner’s argument that the property should be bifurcated so as to apply section 1038 only to the front property. Petitioner sold the 225-235 Boston Avenue property as a single piece of property and reacquired it as a single piece of property. The warranty deed by which petitioner conveyed the property to the partnership in 1988 also identifies the property as a single parcel. Cf. Goudas v. Commissioner, T.C. Memo. 1996- 555. There is nothing in the facts of this case to support a finding that the 225-235 Boston Avenue property is divisible in any meaningful way that would be supported by language of the statute, the regulations, or the legislative history. On this ground alone, we could hold that section 1038 applies to the reacquisition of the entire 225-235 Boston Avenue property because petitioners have conceded the applicability of section 1038 to the front property. However, we go on to consider the four factors referred to in the legislative history.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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