- 11 - appropriately deemed to have paid the interest in the disposition of his residence. Respondent contends that our holding in Lackey v. Commissioner, T.C. Memo. 1977-213, requires that the fair market value of foreclosed property exceed the principal indebtedness before any amount can be allocated to interest. In Lackey, the taxpayer claimed a deduction for interest paid on the disposition in foreclosure of property he conceded had a value lower than the outstanding indebtedness. The taxpayer argued that he was nevertheless entitled to an interest deduction because State law required that partial payments on indebtedness be allocated first to interest and then to principal. We denied the deduction based on precedent holding the “interest first” rule to be inapplicable where the debtor is insolvent. Respondent’s reliance on Lackey is nevertheless misplaced because the case involved a recourse loan,9 and thus was governed by different principles of realization. More relevant to our analysis is our holding in Harris v. Commissioner, T.C. Memo. 1975-125, affd. without published opinion 554 F.2d 1068 (9th Cir. 1977), which, like the transaction at issue, involved the deemed payment of interest in 9We stated in Lackey v. Commissioner, T.C. Memo 1977-213, that “there was little likelihood that * * * [the lender] would receive any payments from petitioners other than the proceeds from the foreclosure sales.” (Emphasis added.) Had the debt been nonrecourse, the bank would have had no opportunity to seek payments other than from the proceeds of the foreclosure sales.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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