Which of the following statements is correct?
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Terry owns land that serves as security for a $50,000 mortgage held by Key Bank. When Terry's tax basis is the land was $15,000 and the land's fair market value was $40,000, Key Bank forecloses on the land and takes title in full satisfaction of the mortgage balance. Which of the following statements is correct?
a. If the mortgage is recourse, Terry must recognize gain on the foreclosure but no income from the discharge of indebtedness.
b. If the mortgage is nonrecourse, Terry must recognize gain on the foreclosure but no income from the discharge of indebtedness.
c. Terry only recognizes income from the discharge of indebtedness if the land was used in a trade or business.
d. If the mortgage is nonrecourse, Terry must recognize gain on the foreclosure and income from the discharge of indebtedness. None of the above e.
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- Peter Diamond owed Carter $500,000 secured by a first mortgage on Diamond’s plant and land. Stephens was a surety on this obligation in the amount of $250,000. After Diamond defaulted on the debt, Carter demanded and received payment of $250,000 from Stephens. Carter then foreclosed upon the mortgage and sold the property for $375,000. What rights, if any, does Stephens have in the proceeds from the sale of the property?Which of the following is true with respect to the related party rules? a.A disallowed loss on a related party transaction can be used to offset any future gain when the property is sold to an unrelated party. b.Bill sells stock to his sister for a $3,000 loss. Bill can deduct the loss on his tax return. c.A taxpayer's uncle is a related party for purposes of Section 267. d.Under the constructive ownership rules of Section 267, a shareholder owns 10 percent of the stock owned by a corporation in which he or she is a shareholder. e.None of these choices are correct.aRhonda owns an office building that has an adjusted basis of $45,000. The building is subject to a mortgage of $20,000. She transfers the building to Miguel in exchange for $15,000 cash and a warehouse with an FMV of $50,000. Miguel assumes the mortgage on the building. Required: What are LaRhonda’s realized and recognized gain or loss? What is her basis in the newly acquired warehouse?
- terry owns real estate with an adjusted basis of 600000 and a fair market value of 1100000. the amount of the nonrecourse mortgage on the property is 2500000. because of the substantial past and projected future losses associated with real estate development, terry deeds the property to the creditor. what are the tax consequence to terry? assume that the data are the same , except that the fair market value of the property is 2525000. therefore, when terry deeds the property to the creditor, she also received 25000 from the creditor. what are the tax consequencesEduardo was granted a loan by XYZ Bank for the purpose of improving a building which XYZ leased from him. Eduardo, executed the promissory note ("PN") in favor of the bank, with his friend Ricardo as co-signatory. In the PN, they both acknowledged that they are "individually and collectively" liable and waived the need for prior demand. To secure the PN, Ricardo executed a real estate mortgage on his own property. When Eduardo defaulted on the PN, XYZ stopped payment of rentals on the building on the ground that legal compensation had set in. Since there was still a balance due on the PN after applying the rentals, XYZ foreclosed the real estate mortgage over Ricardo's property. Ricardo opposed the foreclosure on the ground that he is only a co-signatory; that no demand was made upon him for payment, and assuming he is liable, his liability should not go beyond half the balance of the loan. Further, Ricardo said that when the bank invoked compensation between the rentals and the amount…Mort owns a property. Jessica Rosen holds a first mortgage against it, and Alex Nelligan holds a second mortgage. Mort defaults on his mortgage payments. Ms. Rosen forecloses without joining Mr. Nelligan in the foreclosure suit. The property is sold to Shelia McBride at the foreclosure sale. What are Mr. Nelligan’s rights?
- Which of the following statements is incorrect? Assume that the rental activity is classified as ‘production-of-income.’ If the taxpayer sells the rental property later at a loss, the loss will be treated as a capital loss (i.e., $3,000/$1,500 deduction limit in the current year). An amount that would have been paid in an arm’s-length transaction is considered a reasonable amount as deduction. Payment (except for medical or educational expense) of another person’s obligation does not result in a tax deduction for the payer. Regarding the start-up costs, if the new business is in the same line of business as the existing one and if the new business is not launched, then none of the start-up costs are deductible. Payments for a speeding ticket are nondeductible. HELPLarry leased his building to Terry to conduct a hotel business. The lease requires Terryto repair any damage to the building at the end of the lease. Terry fails to repair damageto the walls of the premises and instead pays Larry a sum of $2,000 for the damage.Advise Larry on the tax treatment of this payment.Suggested Solution Larry has received a one-off lump sum payment of $2,000 after the lease agreement hasended. It is, therefore, likely that the amount would not exhibit the characteristics ofordinary income under s 6-5 ITAA97. However, s 15-25 ITAA97 includes, in a lessor’sassessable income, amounts that are received from an entity (eg a lessee) for failing tocomply with a lease obligation to repair premises that have been used by the entity forincome-producing purposes and that are not assessable as ordinary income under s 6-5.The amount of $2,000 would therefore be assessable to Larry as statutory income unders 15-25 ITAA97.After Henri stopped making his mortgage payments, the lender foreclosed on his home and issued a Form 1099-A to him. The outstanding balance on the recourse loan was $86,000, and the fair market value of the property on the date of foreclosure was $80,000. What is Henri's realized amount from the foreclosure? A)$0 B)$80,000 C)$86,000 D)$166,000.
- Quince owns a used-car lot where Ray works as a salesperson. Quince tells Ray not to make any warranties for the cars. To make a sale to Sylvia, however, Ray adds a 50,000-mile warranty. Later, Sylvia sues Quince for breach of warranty. Quince may hold Ray liable for any damages he must pay to Sylvia under which remedy: a. indemnification b. avoidance c. constructive trust d. accountingRafael sold an asset to Jamal. What is Rafael's amount realized on the sale in each of the following alternative scenarios? b. Rafael received $91,000 cash and was relieved of a $35,750 mortgage on the asset he sold to Jamal. Rafael also paid a commission of $9,400 on the transaction. Amount realizedA buyer purchases property for $45,000 in cash and assumes the seller's outstanding mortgage balance of $98,500. The lender executes a release for the seller. The buyer fails to make any mortgage payments, and the lender forecloses. At the foreclosure sale, the property is sold for $75,000. Based on these facts, unless state law provides anti-deficiency protection, who is liable, and for what amount? The seller is solely liable for $23,500. The buyer is solely liable for $23,500. The buyer and the seller are equally liable for $23,500. The buyer is solely liable for $30,000
