Legal Opinion

Frazier v. Commissioner

United States Tax Court

Decided September 22, 1998No. Tax Ct. Dkt. No. 3343-96PublishedCited by 19 opinions

Ps owned investment real property subject to a recourse mortgage. Upon default, the property was acquired by the lender at a foreclosure sale. At the foreclosure sale, the lender bid in an amount for the property which was in excess of the property's fair market value. R determined that the "amount realized" by Ps at the foreclosure sale was the amount bid in by the lender, regardless of fair market value.

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Ps owned investment real property subject to a recourse mortgage. Upon default, the property was acquired by the lender at a foreclosure sale. At the foreclosure sale, the lender bid in an amount for the property which was in excess of the property's fair market value. R determined that the "amount realized" by Ps at the foreclosure sale was the amount bid in by the lender, regardless of fair market value. HELD: P's "amount realized" at the foreclosure sale is the property's fair market value. HELD, FURTHER: Bifurcated analysis used to determine income tax consequences of "amount realized"…

1Opinion of the Court

Parr, Judge:

Respondent determined deficiencies in petitioners’ Federal income tax for taxable years 1988 and 1989 in the amounts of $387 and $40,482, respectively. In the answer, respondent asserted that petitioners were liable for an addition to tax pursuant to section 6662(a).1

After concessions, the issues for decision are: (1) Whether for 1989 petitioners realized $571,179 on the foreclosure sale of certain real property or a lower amount which represents the property’s fair market value. We hold petitioners realized a lower amount which represents the property’s fair market value. (2)…

2Cases cited36 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Knetsch v. United StatesSupreme Court of the United States · 1960
  3. United States v. CartwrightSupreme Court of the United States · 1973
  4. United States v. Kirby Lumber CoSupreme Court of the United States · 1931
  5. Commissioner v. TuftsSupreme Court of the United States · 1983

31 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Rauenhorst v. Comm'rUnited States Tax Court · 2002
  2. Baker v. Comm'rUnited States Tax Court · 2004
  3. Carlson v. CommissionerUnited States Tax Court · 2001
  4. Coburn v. Comm'rUnited States Tax Court · 2005
  5. Jordan v. Comm'rUnited States Tax Court · 2009

14 more not listed; retrieve them via the Exa API.

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