- 3 - the property in the amount of $43,356. The property was foreclosed and sold in that year for $54,435. Of this amount, $43,356 was used to pay off petitioners' mortgage on the property. Petitioners did not receive any other amounts from the sale. In 1991, petitioners' adjusted basis for the Campbell property was $84,459, and they were personally liable for a mortgage on the property in the amount of $88,491. The property was foreclosed and sold in that year for $106,620. Of this amount, $88,491 was used to pay off petitioners' mortgage on the property. Petitioners did not receive any other amounts from the sale. On their 1991 Federal income tax return (return), petitioners did not report any gain with respect to the foreclosure transactions, but instead claimed a deduction for ordinary losses on Form 4797 in the amount of $13,600, which petitioners computed as the excess of the properties' foreclosure sales prices over the mortgage balances plus depreciation. In effect, petitioners claimed a loss for their equity in the properties less depreciation. Petitioners' return was filed on October 16, 1992. In the notice of deficiency, respondent disallowed the $13,600 in claimed losses and determined that petitioners had long-term capital gains in the amount of $43,633, computed as thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011