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Workout-Driven ExchangesBradley T. BordenBrooklyn Law School Todd D. KeatorThompson & Knight LLP March 5, 2013 25 Tax Mgmt. Real Est. J. 23 (Feb. 4, 2009) Brooklyn Law School, Legal Studies Paper No. 330 Abstract: Market forces in a depressed real estate market often lead to foreclosures, which may generate taxable gain to the debtor. Some foreclosure sales may qualify for Section 1031 nonrecognition, if the debtor properly structures the disposition. This Article discusses structures that help foreclosure transactions qualify for Section 1031 nonrecogntion. The Article also discusses the application of Section 1038 to recquisitions of exchanger-financed relinquished property.
Number of Pages in PDF File: 35 Keywords: foreclosure, section 108, cod income, doi income, section 1031, tax-free exchange, like-kind exchange, section 1038 Accepted Paper SeriesDate posted: December 11, 2008 ; Last revised: March 6, 2013Suggested Citation |
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