- 36 - determined that value to be. Nonetheless, according to petition- ers, “there was no capital gain” when the Yantari was sold at the foreclosure sale. We reject petitioners’ position. It is well established that, absent clear and convincing proof to the contrary, the sale price of property at a foreclosure sale is presumed to be its fair market value. See, e.g., Frazier v. Commissioner, 111 T.C. 243, 246 (1998); Community Bank v. Commis- sioner, 79 T.C. 789, 792 (1982), affd. 819 F.2d 940 (9th Cir. 1987). Petitioners have presented no evidence, let alone clear and convincing evidence, that the $95,000-sale price of the Yantari at the foreclosure sale was not its fair market value. Furthermore, section 1001(a) provides that gain from a sale or other disposition of property is the excess of the amount realized therefrom over the adjusted basis provided in section 1011 for determining gain. The regulations under section 1001 provide guidance to taxpayers in applying section 1001(a) to facts that are analogous to the facts presented in the instant case. Example (8) of section 1.1001-2(c), Income Tax Regs. (Example (8)),16 states: 16Example (8) applies to the discharge of indebtedness that is recourse in nature. While the parties did not expressly stipulate that petitioners’ loan to finance the purchase of the Yantari constituted recourse debt, we infer from certain other stipulations of the parties that that loan was recourse debt. The parties stipulated that the foreclosure sale resulted in both DOI income and capital gain, although petitioners dispute whether they must recognize that DOI income. DOI income and capital gain (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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