Richard D. Frazier and Yvonne Frazier - Page 5

                                        - 5 -                                         

          However, the amount realized from the transfer of property in               
          consideration of the discharge or reduction of indebtedness                 
          depends on whether the debt is recourse or nonrecourse in nature.           
          In the case of nonrecourse debt, the amount realized includes the           
          full amount of the remaining debt.  See, e.g., Commissioner v.              
          Tufts, 461 U.S. 300 (1983); Gershkowitz v. Commissioner, 88 T.C.            
          984, 1016 (1987); Estate of Delman v. Commissioner, supra at 28-            
          29.  In the case of recourse debt, on the other hand, the amount            
          realized from the transfer of property is the fair market value             
          of the property.  See, e.g., Bialock v. Commissioner, supra at              
          660-661; Marcaccio v. Commissioner, supra.                                  
               Furthermore, the amount realized from the sale or other                
          disposition of property that secures a recourse debt does not               
          include income from the discharge of indebtedness under section             
          61(a)(12).  See sec. 1.1001-2(a)(2), Income Tax Regs.  Such                 
          income will arise when the discharged amount of the recourse debt           
          exceeds the fair market value of the property.                              
               Generally, a taxpayer must recognize income from the                   
          discharge of indebtedness.  Sec. 61(a)(12); United States v.                
          Kirby Lumber Co., 284 U.S. 1 (1931).  There are exceptions,                 
          however, to the recognition of income from the discharge of                 
          indebtedness, including cases where the discharge occurs when the           
          taxpayer is insolvent.  See sec. 108(a).                                    







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011