EVANGELISTA v. C. I. R.

No. 79-2331.

629 F.2d 1218 (1980)

Teofilo EVANGELISTA and Frances Evangelista, Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1980.


Attorney(s) appearing for the Case

Frank A. Ross, Jr., Ross & Chatterton, Madison, Wis., for appellants.

James A. Reidy, Tax Div., Dept. of Justice, Washington, D.C., for appellee.

Before PELL and WOOD, Circuit Judges, and BAKER, District Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

The issue presented is whether under the circumstances of this case the transfer of assets and the contemporaneous assumption of the transferor's liability by the transferee is taxable to the transferor when the liability assumed by the transferee exceeds the adjusted basis in the assets transferred. We hold that, in this case, the transferor realized taxable income to the extent the liability assumed by the transferee exceeds...

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