Walter L. Medlin - Page 154

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          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.                        






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