L&C Springs Associates, Solomon A. Weisgal Investment Associates, Tax Matters Partner, et al. - Page 21

                                               - 21 -                                                 
                  Also, it has been specifically held that abandonment of a                           
            beneficial interest in a Florida land trust subject to a                                  
            nonrecourse debt may constitute a sale or exchange and may                                
            trigger realization of gain or loss associated with an interest                           
            in the land trust.  Arkin v. Commissioner, 76 T.C. 1048, 1055-                            
            1056 (1981).  In Arkin, in 1974, the year following the                                   
            taxpayer's acquisition of an ownership interest in a Florida land                         
            trust, the value of the underlying property associated with the                           
            land trust declined dramatically.  The taxpayer notified one of                           
            the banks holding a mortgage loan on the underlying property and                          
            each of the beneficiaries of the land trust of his intention to                           
            abandon his interest in the land trust.  In subsequent years,                             
            creditors holding superior mortgages on the underlying property                           
            foreclosed on the property and sold it at a foreclosure sale.  We                         
            held that the taxpayer's actions regarding his interest in the                            
            land trust constituted an abandonment in 1974 of his interest in                          
            the land trust, that such abandonment constituted a sale or                               
            exchange, and that the loss realized constituted a capital loss                           
            under section 165(f), not an ordinary loss deduction under                                
            section 165(a) and (c)(2).  Id. at 1053-1056.                                             
                  Based on the evidence before us, we conclude that L&C                               
            Springs' ownership interest in the L&C Properties was, for                                
            Federal income tax purposes, effectively terminated as of                                 
            November 1, 1990.  Certainly, by November 1, 1990, L&C Springs,                           
            and all individuals associated with L&C Springs and Tanglewood                            




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011