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multiple home sales/foreclosures

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    multiple home sales/foreclosures

    I have a mess and want to make sure I am covering all the bases.
    Facts:
    In 2006 TP got divorced and remarried. He kept main home after divorce and built a new house for ex-wife and kids to live in. The house was in his name, he paid the mortgage, real estate taxes and all bills for both homes. Both houses had FMV of approx. $1million and were mortgaged 100%.

    He sold his primary home in 2007 for $750,000 and received a 1099-C for $157,484.06 canceled debt on second mortgage.

    Ex-wife's home went into foreclosure and he received a 1099-A for balance of principal outstanding of $788000 and a FMV of $1 million.

    He is insolvent.

    Do I need to do anything with this mess? I am running in circles. I am of the opinion that because he is insolvent, he does not have to claim any of the debt forgiveness on either house.

    Oh and the TP wants me to use the ex-wife's as investment property and write off the losses.

    Lastly, he sold a timeshare that he bought in 2003 for $18,600 and sold in 2007 for $10,700. Because this is a loss on vacation property he can't take the loss, correct?

    He moved out of his main home in Dec. 2006 when he got remarried and moved into the new $1.8 million dollar home in new wife's name.
    Noel
    "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

    #2
    want to

    bring this to the top again.
    Does anyone have any suggestions?
    Noel
    "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

    Comment


      #3
      Here is what I think off the top of my head- but no research:

      If he is indeed insolvent Form 982 would be required and the debt relief would not be taxable. But I would want a list of all assests and liabilities from him to verify the insolvency - not just his word for it.


      I think you are correct on the timeshare.

      As far as the ex's house being investment property, what was his intent when he built the house? For his wife and kids to live in sounds like a personal nondeductible loss. Did he collect rent from his ex or any investment income related to the house?
      http://www.viagrabelgiquefr.com/

      Comment


        #4
        All good thoughts. Thank you for your help, I have to go back and make sure about the insolvency issue.
        Regarding the "investment" house, you make some very good points that will help me with my explanation to the client.
        Noel
        "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

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