Martin Feldman and Lynne Z. Gold-Bikin - Page 4

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          Neither the mortgage nor the promissory note held by the lending            
          institution was changed to reflect petitioner husband's joint               
          liability for the mortgage on the King of Prussia property.                 
               Renovations and restorations were made to the King of                  
          Prussia property in the total amount of $229,472 within the 2-              
          year replacement period permitted by section 1034(a) before and             
          after the date of the sale of the Wyndmoor property.  The                   
          renovation and restoration payments for the King of Prussia                 
          property qualify as payments made for the partial reconstruction            
          of a replacement residence.  All renovation and restoration                 
          payments for the King of Prussia property were paid from a joint            
          checking account in the names of petitioners, or from a checking            
          account in the name of petitioner wife.  A substantial portion of           
          the renovations and restorations of the King of Prussia property            
          was made before petitioners had executed the written agreement              
          between themselves on July 24, 1989.                                        
                                     Discussion                                       
               Under the general rule of section 1001(c),3 taxpayers are              
          ordinarily required to recognize their entire gain on the sale of           
          property.  Secs. 61, 1001.  However, section 1034, captioned                

          3SEC. 1001.  DETERMINATION OF AMOUNT OF AND RECOGNITION OF                  
                         GAIN OR LOSS.                                                
                    (c) Recognition of Gain or Loss.--Except as                       
               otherwise provided in this subtitle [subtitle A,                       
               relating to income taxes], the entire amount of the                    
               gain or loss, determined under this section, on the                    
               sale or exchange of property shall be recognized.                      




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