Daniel J. Culnen - Page 21




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          adjusted basis in the property over the amount realized.  As used           
          in section 1001(a), the term “amount realized” is defined in                
          section 1001(b).  In pertinent part, that definition is:  “The              
          amount realized from the sale or other disposition of property              
          shall be the sum of any money received plus the fair market value           
          of the property (other than money) received.”  Section 1.1001-2,            
          Income Tax Regs., addresses the discharge of liabilities in                 
          connection with the disposition of property.  Paragraph (a)(1) of           
          section 1.1001-2, Income Tax Regs., provides the general rule               
          that the amount realized from the sale or other disposition of              
          property includes the amount of liabilities from which the                  
          transferor is discharged as a result of the disposition.                    
          Paragraph (a)(4) of section 1.1001-2, Income Tax Regs., provides            
          that, for purposes of that section, the sale or other disposition           
          of property that secures a nonrecourse liability discharges that            
          liability.  Paragraph (b) of section 1.1001-2, Income Tax Regs.,            
          provides that, generally, the fair market value of the security             
          at the time of sale is not relevant for determining the amount of           
          liabilities from which the taxpayer is discharged, or treated as            
          discharged.                                                                 
               C.  Discussion                                                         
               Respondent’s position is that Wedgewood did not realize any            
          loss.  Petitioner’s position is that, since Wedgewood’s adjusted            
          basis in the assets exceeded the $1 received pursuant to the                





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