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