- 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
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