Sooren Hovhannissian and Estate of Mary Hovhannissian, Deceased, Sooren Hovhannissian, Executor - Page 14

                                       - 14 -                                         

               The difficulty in determining a fair market value by which             
          to ascertain an amount realized in the absence of a realization             
          event was another major reason why Congress enacted section 1038.           
          S. Rept. 1361, supra, 1964-2 C.B. at 831.  That valuation                   
          difficulty is present in this case:  Although the parties have              
          stipulated, based on petitioner’s expert’s opinion, a fair market           
          value of $465,000 at reacquisition, the record also contains a              
          1989 appraisal of the same property in the same condition for               
          $2,300,000.                                                                 
               We discuss the third and fourth factors in light of                    
          petitioner’s further argument that applying section 1038 to this            
          case would be unconstitutional because petitioner did not realize           
          any gain in connection with the sale and subsequent reacquisition           
          of the 225-235 Boston Avenue property and should therefore not be           
          taxed on any gain nor denied a claim for a loss at the time of              
          reacquisition.  To support his argument, petitioner also claims             
          that the fair market value of the property at the time of                   
          reacquisition governs whether any gain was realized on the                  
          transactions at issue.7                                                     

               7 Petitioner argues that he should not be taxed if the value           
          of the property he received back and the amount of cash and other           
          property he received in connection with the initial sale are less           
          than his presale basis in the property.  The amount that                    
          petitioner received ($719,480) plus the fair market value of the            
          property at acquisition ($465,000) is slightly less ($1,184,480)            
          than the adjusted presale basis in the property ($1,187,465)                
          claimed on his 1988 income tax return for the year of the sale.             
                                                             (continued...)           




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011