Alan v. Rose and Christina Rose v. Commissioner of Internal Revenue

This appeal presents the question of whether a bad debt deduction should be disallowed under Section 1038(a) of the Internal Revenue Code, 26 U.S.C. § 1038(a) (1982), which disallows such a deduction where a taxpayer takes debt in exchange for real property and later reacquires the property in satisfaction of the debt. We conclude that the taxpayer in this case reacquired the property in satisfaction of the debt and affirm the judgment of the Tax Court.

BACKGROUND

On September 15, 1970, Alan V. Rose sold a large tract of land to Benjamin Lehrer in exchange for a nonrecourse purchase money note…