- 79 - debt in excess of the fair market value of the property is not used to calculate the amount realized from a sale under section 1001(b). See 2925 Briarpark, Ltd. v. Commissioner, supra at 318 n.2; Marcaccio v. Commissioner, supra. Respondent contends that petitioner realized at least $114,000 in the 1985 foreclosure sale of the Citrus County Property. He relies upon petitioner’s position in the deficiency judgment proceedings that the fair market value of that property was at least $114,000 at the time of the foreclosure sale. We cannot agree that respondent has established that the fair market value of the Citrus County Property was at least $114,000 on the date of the foreclosure sale. The Orange County Circuit Court found that the Citrus County Property had a fair market value of $87,000 at the time of the foreclosure sale. The court gave petitioner credit for $87,000 and then entered a deficiency judgment of $20,834 against petitioner, which represented petitioner’s remaining personal liability as guarantor. Although final judgment was stayed for the introduction of additional evidence as to fair market value, no such evidence appears to have been submitted, and, in any event, the parties settled the matter and Freedom filed a Satisfaction of Judgment stating that the $20,834 deficiency judgment had been satisfied. We find that the fair market value on the date of the foreclosure sale was $87,000, the amount determined by the Circuit Court.Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
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