Raymond St. Laurent - Page 8

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          property at the time that the agreement to exchange is signed.              
          Biggs v. Commissioner, supra at 913-914.  Exchange property need            
          not be identified at the time an agreement to effect an exchange            
          is made.  Alderson v. Commissioner, 317 F.2d 790 (9th Cir. 1963),           
          revg. 38 T.C. 215 (1962).  Proceeds of the sale of property to be           
          exchanged may be placed in escrow and, provided the taxpayer does           
          not constructively receive the proceeds, an exchange involving              
          property acquired with the proceeds will qualify for the benefits           
          of section 1031(a).  Garcia v. Commissioner, 80 T.C. 491, 499-500           
          (1983).  The taxpayer may locate and negotiate for the property             
          to be exchanged.  Biggs v. Commissioner, supra at 915.  The buyer           
          need not hold title to the exchange property received by the                
          taxpayer.  Biggs v. Commissioner, 632 F.2d at 1177.  Where a                
          preference for exchange is manifest, and an exchange actually               
          occurs, courts generally ignore the possibility that a sale of              
          the taxpayer’s property may occur if the exchange does not                  
          actually take place.  Mercantile Trust Co. v. Commissioner, 32              
          B.T.A. 82, 87 (1935).                                                       
               Although considerable latitude has been allowed by the                 
          courts with respect to the structure of like-kind exchanges, that           
          latitude is not open ended.  Estate of Bowers v. Commissioner, 94           
          T.C. 582, 590 (1990).  A taxpayer’s intent to effect a section              
          1031(a) transaction is not determinative of the transaction’s tax           
          treatment, although intent is given deference where the parties             






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