Julius and Hanan Dibsy - Page 8

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          an agreement to exchange); 124 Front Street, Inc. v.                        
          Commissioner, 65 T.C. 6, 17-18 (1975) (taxpayer can advance money           
          toward purchase price of property to be exchanged); Coupe v.                
          Commissioner, 52 T.C. 394, 405, 409 (1969) (the taxpayer can                
          locate and negotiate for the property to be acquired); J.H. Baird           
          Publishing Co. v. Commissioner, 39 T.C. 608, 615 (1962) (the                
          taxpayer can oversee improvements on the land to be acquired);              
          Mercantile Trust Co. v. Commissioner, 32 B.T.A. 82, 87 (1935)               
          (alternative sales possibilities are ignored where conditions for           
          an exchange are manifest and an exchange actually occurs).                  
          Provided the final result is an exchange of property for other              
          property of a like kind, the transaction may qualify under                  
          section 1031.5                                                              
               However, courts have discerned boundaries in the                       
          interpretation and application of section 1031.  In Barker v.               
          Commissioner, 74 T.C. at 563-564, we recognized that                        
               at some point the confluence of some sufficient number                 
               of deviations will bring about a taxable result.                       
               Whether the cause be economic and business reality or                  
               poor tax planning, prior cases make clear that                         
               taxpayers who stray too far run the risk of having                     
               their transactions characterized as a sale and                         
               reinvestment.                                                          
               Other courts have acknowledged that transactions that take             
          the form of a cash sale and reinvestment cannot, in substance,              
          constitute an exchange for purposes of section 1031, even though            

               5 Biggs v. Commissioner, 69 T.C. 905, 914 (1978); affd. 632            
          F.2d 1171 (5th Cir. 1980).                                                  




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