Sooren Hovhannissian and Estate of Mary Hovhannissian, Deceased, Sooren Hovhannissian, Executor - Page 12

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          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.                        







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