Donna M. Neighbors - Page 5

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          1001(a).  Petitioner disputes whether the amount of the Note is             
          included in the amount realized, given the fact that she was not            
          personally liable on it.                                                    
               The amount of the Note is included in the amount realized on           
          the residence's sale.  The amount realized on a sale is computed            
          by adding the amount of money received to the fair market value             
          of other property received.  Sec. 1001(b).  Any liability, let it           
          be recourse or nonrecourse, that attaches to the subject property           
          is included in the amount realized to the extent that the                   
          liability is discharged by the sale.  Crane v. Commissioner,                
          331 U.S. 1, 12-14 (1947); sec. 1.1001-2(a)(1), Income Tax Regs.             
          As to the Note, the amount thereof is included in the amount                
          realized because, even though petitioner was not personally                 
          liable on it at the time she sold the residence, First Northwest            
          had a legally enforceable right to receive, and actually did                
          receive, proceeds from the sale equal to the amount that it was             
          owed under the Note.  In re Isom, 901 F.2d 744 (9th Cir. 1990);             
          see also Long v. Bullard, 117 U.S. 617 (1886).                              
               In sum, the amount realized on the sale of the residence was           
          $131,737, and petitioner’s basis therein was $38,000.  Given the            
          additional fact that petitioner may take into account the $1,349            
          of legal fees, we hold that petitioner realized, and must                   
          recognize in 1991, a gain of $92,388 on the residence's sale.               
               As to the accuracy-related penalty, petitioner has not                 
          addressed this issue on brief.  As applicable herein, section               



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