- 53 - awarded the redemption rights, especially in the light of DOE’s long track record of mixed signals and reversals over the history of the Great Plains project. But even if we were to assume, for sake of argument, that respondent’s speculations are sound, the fact remains that the partnership would have benefited materially from the cashflows generated by the project during the redemption period. In support of his position that the litigation over the disputed redemption rights should not postpone the finality of the foreclosure sale, respondent relies on L&C Springs Associates v. Commissioner, T.C. Memo. 1997-469, affd. 188 F.3d 866 (7th Cir. 1999). Respondent’s reliance on that case is misplaced. L&C Springs Associates held that a realization event with respect to mortgaged real estate occurred in the year before the foreclosure sale, when the taxpayer effectively abandoned the mortgaged property.27 L&C Springs Associates, unlike the instant case, did not involve the effect of ongoing foreclosure litigation on the finality of the foreclosure sale. Respondent does not appear to dispute that the foreclosure litigation presented genuine legal issues as to whether the partnership retained redemption rights under North Dakota law.28 27 As discussed infra, we conclude that the partnership did not abandon the project prior to the conclusion of the foreclosure litigation. 28 Similarly, respondent does not expressly advance any (continued...)Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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