- 10 - Petitioners’ claim of a distressed sale is unpersuasive because at all relevant times they did not receive any offers for the Stewart property. Even assuming arguendo that petitioners sold under distress, the record demonstrates that there was not a willing buyer at any time between June through November 1995 when the property was listed from $484,900, to $469,000, then $459,000, and finally $435,000, which petitioners contend is a price far below the purported FMV of $480,000. Both Mrs. Abrams and Mr. Lilly also testified that in 1995 real estate values were at their lowest levels especially for high-end homes. However, Mr. Lilly testified that a house similar to the Stewart property would have likely sold in a 6-month period of time if it were listed at its FMV. The fact that the property would not sell for $435,000 in November 1995 and that it did sell for $435,000 in December 1996 indicates that the Stewart property was worth at least as much in 1996 as it had been in 1995. Thus, we do not find that the sales price of $435,000 was the result of a distressed sale. See Adams v. Commissioner, supra (held that the property’s sales price was below FMV because the taxpayer was under a threat of foreclosure, was 2 years behind in paying property taxes and the buyers were taking subject to an existing lease on the property). Further, petitioners bear the burden to prove what the FMV of the property was in July 1995. Petitioners did not obtain anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011