Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 50

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          (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 financial            





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