- 9 - Adjustment to taxable income in issue 91,352 Now that we have determined the adjustments to petitioner's gross and taxable income that are in issue as a result of the sale of the five units, we must decide whether those adjustments are correct. Petitioner asserts that the five units, along with 80 other similar properties, which were part of a 300-unit condominium complex located in Mukilteo, Washington (the Mukilteo complex), were damaged beyond repair as a result of soil erosion caused by drainage diffusion and saturated soil. A homeowner's association representing the interests of the condominium owners, including petitioner, retained a law firm that initiated legal proceedings against Great Bank, which, according to petitioner, acquired the bank that had sold the properties to the condominium owners. After negotiations, the homeowner's association entered into a group settlement agreement with Great Bank on January 15, 1989. Pursuant to that agreement, petitioner transferred the five units to Great Bank in exchange for cash and debt forgiveness. Petitioner claims that the five units were destroyed beyond repair and, as a result of the interlocking ownership structure of the Mukilteo condominium properties, “the group settlement was the only practical recourse available to the individual owners”. On that basis, petitioner claims that the five units were involuntarily converted. Petitioner contends that he applied thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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