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Debt For Nonrecourse Debt

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Foreclosures and amounts realized from a nonrecourse debt are treated differently as if an individual is not personally liable for repayment. The amount realized includes the full amount of debt before the foreclosure regardless if the fair market value of the property is less than that amount. In doing so, cancellation of debt for nonrecourse debt is inapplicable as the debt is satisfied by the repossession of the property. In terms of mortgage loans, it is critical to understand whether or not the state you are living in is a recourse or nonrecourse state which lenders can (recourse) or cannot (nonrecourse) obtain collections of payments after foreclosure. Nonrecourse debt property that is subject to short sale, foreclosure, or …show more content…

Commissioner Court case. In summary, David Zarin appealed from the decision by the Tax Court ruling that he recognized $2,935,000 of income from discharge of indebtedness resulting from his gambling activities at Resorts International Hotel “Resorts” in Atlantic City, New Jersey. While Zarin built a reputation as an avid gambler, he developed a credit at the Resorts totaling $3,435,000 which he could not repay and Resorts filed a New Jersey state court action against Zarin to collect the significant amount of debt. Although Resorts granted Zarin the generous credit, “Zarin denied liability on grounds that Resort’s claim was unenforceable under New Jersey regulations intended to protect compulsive gamblers. Ten months later, in September, 1981, Resorts and Zarin settled their dispute for a total of $500,000” (Federal Income Taxation 149). As stated in Internal Revenue Code Section 108(d) (1) (A): Indebtedness of taxpayer for which the taxpayer is liable and Code Section 108(d) (1) (B): Indebtedness of taxpayer subject to which the taxpayer holds property, Zarin satisfied neither of those obligations where he would need to repay the liabilities (Federal Income Taxation 151). The court claimed that the gambling chips were not property held subject to Zarin’s debt and he was not liable

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