- 10 - Issue 5. Characterization of New Mexico Losses The fifth issue is whether petitioner is entitled to a $47,418 ordinary loss in 1993 stemming from an IRS forced tax sale of three New Mexico properties he owned. Petitioner argues that he is entitled to such a loss (arising from the difference between the market value of the properties and the amount realized at auction). On the other hand, respondent argues that petitioner is entitled to a $47,418 capital loss. Petitioner owned four properties at the Mid-Valley Air Park in Las Lunas, New Mexico (a residential airport). In 1993, the IRS seized these properties in order to satisfy petitioner's Federal income tax obligation for years prior to those in issue. After selling the four properties, respondent credited petitioner's tax accounts in amounts less than petitioner's bases in these properties. Respondent conceded that petitioner is entitled to a $19,424.25 ordinary loss in 1993 with respect to one of the properties; namely, a rental property. The character of the loss with respect to the other properties, an airplane hangar and two undeveloped 1-acre lots, is at issue. Section 1001(a) defines gain or loss from the sale or other disposition of property as the difference between the "amount realized" and the taxpayer's adjusted basis in the transferred property. The amount realized is the sum of any money receivedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011