§ 1038. Certain reacquisitions of real property
(a)
General rule
If—
(1)
a sale of real property gives rise to indebtedness to the seller which is secured by the real property sold, and
(2)
the seller of such property reacquires such property in partial or full satisfaction of such indebtedness,
then, except as provided in subsections (b) and (d), no gain or loss shall result to the seller from such reacquisition, and no debt shall become worthless or partially worthless as a result of such reacquisition.
(b)
Amount of gain resulting
(1)
In general
In the case of a reacquisition of real property to which subsection (a) applies, gain shall result from such reacquisition to the extent that—
(2)
Limitation
The amount of gain determined under paragraph (1) resulting from a reacquisition during any taxable year beginning after the date of the enactment of this section shall not exceed the amount by which the price at which the real property was sold exceeded its adjusted basis, reduced by the sum of—
(A)
the amount of the gain on the sale of such property returned as income for periods prior to the reacquisition of such property, and
(B)
the amount of money and the fair market value of other property (other than obligations of the purchaser received with respect to the sale of such property) paid or transferred by the seller in connection with the reacquisition of such property.
For purposes of this paragraph, the price at which real property is sold is the gross sales price reduced by the selling commissions, legal fees, and other expenses incident to the sale of such property which are properly taken into account in determining gain or loss on such sale.
(c)
Basis of reacquired real property
If subsection (a) applies to the reacquisition of any real property, the basis of such property upon such reacquisition shall be the adjusted basis of the indebtedness to the seller secured by such property (determined as of the date of reacquisition), increased by the sum of—
If any indebtedness to the seller secured by such property is not discharged upon the reacquisition of such property, the basis of such indebtedness shall be zero.
(d)
Indebtedness treated as worthless prior to reacquisition
If, prior to a reacquisition of real property to which subsection (a) applies, the seller has treated indebtedness secured by such property as having become worthless or partially worthless—
(e)
Principal residences
If—
(1)
subsection (a) applies to a reacquisition of real property with respect to the sale of which gain was not recognized under section
121 (relating to gain on sale of principal residence); and
(2)
within 1 year after the date of the reacquisition of such property by the seller, such property is resold by him,
then, under regulations prescribed by the Secretary, subsections (b), (c), and (d) of this section shall not apply to the reacquisition of such property and, for purposes of applying section
121, the resale of such property shall be treated as a part of the transaction constituting the original sale of such property.
(g)
Acquisition by estate, etc., of seller
Under regulations prescribed by the Secretary, if an installment obligation is indebtedness to the seller which is described in subsection (a), and if such obligation is, in the hands of the taxpayer, an obligation with respect to which section
691
(a)(4)(B) applies, then—