Thursday, March 22, 2012
Bradford P. Anderson (California Polytechnic State University), Robbing Peter to Pay for Paul's Residential Real Estate Speculation: The Injustice of Not Taxing Forgiven Mortgage Debt, 36 Seton Hall Legis. J. 1 (2011):
Part 1 of this Article examines the discharge of indebtedness as a form of income that should be taxed. Part 2 evaluates the so-called “mortgage meltdown” and the resultant legislation providing a windfall to those who benefit from non-payment of mortgage debt. Part 3 analyzes the public policy and ethical issues associated with the tax-free windfall under the Mortgage Forgiveness Debt Relief Act of 2007 ("MoFoDRA"). Part 4 proposes practical and equitable solutions to the disparate treatment and inequities from the tax exemption contained in MoFoDRA.