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Workout-Driven Exchanges

Brad Borden, Washburn Law School
Todd D. Keator, Thompson & Knight LLP

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.

Suggested Citation

Brad Borden and Todd D. Keator. "Workout-Driven Exchanges" Real Estate Taxation Feb. 2009: 23.
Available at: http://works.bepress.com/brad_borden/24

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