- 12 - business during the redemption period). When the redemption period expires, both legal title and the right to possession vest in the purchaser. Mich. Comp. Laws Ann. sec. 600.3236 (West 2000); Bankers Trust Co. v. Rose, 322 Mich. 256, 259 (1948); Shelby Co. v. Dickinson, 259 Mich. 197, 198 (1932). Possession of the property by the mortgagor after the redemption period expires is unlawful, and no notice to quit is necessary. Shelby Co. v. Dickinson, supra. In view of the foregoing, it is clear that upon the expiration of the 6-month redemption period on December 27, 1996, petitioner no longer had any ownership right or possessory interest in the Hazelwood property. Equally clear is the fact that any delay by First Independence to take actual possession of the property is without legal consequence. Thus, by virtue of Michigan law, any loss that petitioner may have sustained from the foreclosure on the Hazelwood property was sustained in 1996, the year in which petitioner’s equity of redemption was extinguished. See sec. 1.165-1(d)(1), Income Tax Regs; see also sec. 1.165-1(b), Income Tax Regs. 5. Conclusion Because no loss was sustained in 1997, the only taxable year before the Court, we hold that the deduction in issue is not allowable for that year.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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