Martin Feldman and Lynne Z. Gold-Bikin - Page 14

                                       - 14 -                                         
          Moreover, there is no evidence in the record that petitioner wife           
          transferred her interest in her residence to herself and her                
          husband in consideration of improvements to be made to the                  
          residence.  Petitioners have failed to show that petitioner                 
          husband actually paid for more than half the improvements to the            
          King of Prussia property, and it is stipulated that none was paid           
          for from an account solely in the name of petitioner husband.               
               Petitioner husband contends that section 1034 does not                 
          require the proceeds from the old residence to be invested in the           
          new residence.  Petitioner husband contends that there is no                
          provision in section 1034 or the regulations requiring that costs           
          attributable to a new residence be split between husband and                
          wife.  However section 1034 requires that a taxpayer who wishes             
          to defer recognition on all of the gain realized on the sale of             
          an old residence must purchase a new residence for an amount                
          greater than or equal to the adjusted sales price of the old                
          residence.  Petitioner husband has not proved that he provided              
          more than half of the cash paid in the reconstruction of the King           
          of Prussia property.  Accordingly, respondent’s determination on            
          this point is sustained.  As we have found that petitioner                  
          husband did not prove that he provided more than half of the                
          amounts that were expended for construction and reconstruction              
          for the King of Prussia property, we need not address                       








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011