- 28 - without an assignment of the promissory note and that this indicates the mortgage was assigned to Charles Medlin as collateral for a loan.17 However, the assignment of the mortgage states that the mortgage “Together with the note or obligation described in said mortgage, and the moneys due and to become due thereon” were transferred. We hold that petitioner recognized gain of $30,925 from the sale of an installment obligation in 1985. 2. Susan’s Lakefront Estate (OS-03) FINDINGS OF FACT In 1970, Medlin Investment Co. purchased certain real property in Osceola County, Florida, for $59,005. This property was subdivided as “Susan’s Lakefront Estate” and consisted of 30 lots (Lot 1, Lot 2, * * *, Lot 30) and one tract (Tract A). On July 2, 1985, petitioner through Ms. Allen, as trustee, sold Lot 1 for $22,000. Petitioner did not report any income from this sale on his 1985 Form 1040. On June 12, 1986, petitioner through Ms. Allen, as trustee, sold Tract A, for $23,000. Petitioner did not report any income from this sale on his 1986 Form 1040. On May 25, 1988, petitioner through Mr. 17We note that a mortgage generally secures payment of the underlying installment obligation and that an assignment of the mortgage without an assignment of the note creates no right in the assignee with respect to the note. See Vance v. Fields, 172 So. 2d 613, 614 (Fla. Dist. Ct. App. 1965).Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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