Joseph Y. Aizawa Noriyo Aizawa v. Commissioner Internal Revenue Service

29 F.3d 630 74 A.F.T.R.2d 94 -5493 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph Y. AIZAWA; Noriyo Aizawa, Petitioners-Appellants, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellee. No. 92-70803. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1994. * Decided July 20, 1994. Before: TANG, FERGUSON, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Joseph and Noriyo Aizawa appeal the tax court's determination of the amount of loss on the foreclosure sale of their Hawaiian rental property. The Aizawas argue that the tax court erred in calculating their loss without taking into consideration the amount of accrued and unpaid interest, attorney's fees and court costs included in the deficiency judgment. We affirm. I. 3 In 1981, the Aizawas purchased rental property in Hawaii for $120,000 plus $433 in closing costs. They gave the sellers $30,000 in cash and a $90,000 recourse note and mortgage for the remaining balance. The terms of the note…