- 16 - encumbered with a senior lien. Like the cited cases, petitioner’s basis in the Atascadero property is its fair market value, but the existence of the Great Western mortgage requires additional explanation as to how we arrive at the fair market value basis. In the case at hand, petitioner’s recourse debt, owed him by Stephanie and David on the Atascadero loan, was satisfied to the extent of $38,543, the amount by which the property’s fair market value--$207,500--exceeded the Great Western note secured by the first deed of trust--$168,957--and is a “cost” of the property to petitioner. In addition, petitioner took the property subject to the Great Western note secured by the first deed of trust, which had an outstanding balance of $168,957 on the date petitioner acquired the property. A purchaser’s basis under section 1012 includes genuine indebtedness to which the property is subject. Estate of Franklin v. Commissioner, 544 F.2d 1045, 1049 (9th Cir. 1976), affg. 64 T.C. 752 (1975); Bertoli v. Commissioner, 103 T.C. 501, 515 (1994). The genuine nature of the Great Western loan is not in dispute; petitioner respected the debt to which the property was subject and made payments on the Great Western loan to protect his interest in the Atascadero property. The outstanding balance on the Great Western loan–-$168,957–-is included in petitioner’s cost basis.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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