- 50 - (5th Cir. 1937). As this Court explained in Ryan v. Commissioner, supra: This is because the foreclosure action is the amalgam of two separate events. First, there is an extinguishment of the underlying indebtedness, giving rise to income. Cf. secs. 108, 61(a)(12), I.R.C. 1954. Second, there is a disposition of the property securing the debt, a sale or exchange. The all events test requires both of these events to occur before income is realized. * * * * * * * A foreclosure action that is being appealed is not ‘final’ in the normal sense of that word. Pending foreclosure litigation has “the same effect as would the fact that there was a period in which the right of redemption under a foreclosure sale could be exercised.” Morton v. Commissioner, 104 F.2d 534, 536 (4th Cir. 1939), revg. 38 B.T.A. 534 (1938). The year in which litigation terminates is the year in which the claimed item is to be taken into account for Federal tax purposes. See Found. Co. v. Commissioner, 14 T.C. 1333, 1354 (1950). Citing Morton v. Commissioner, supra, and Rev. Rul. 70-63, 1970-1 C.B. 36, respondent acknowledges on brief: “a bona fide contest as to the existence of redemption rights may postpone a disposition, even if such rights are ultimately held not to exist.” Respondent contends, however, that the foreclosure litigation was not bona fide. Respondent contends that “the redemption rights were worthless and would not have been exercised even if the courts had awarded them” because financialPage: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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