Raymond St. Laurent - Page 15

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          allowing an unlimited number of replacement properties to be                
          identified, would make the identification requirement                       
          meaningless.  The fact that Congress included an identification             
          requirement suggests that an identification of an unlimited                 
          number of properties could result in none being identified.                 
               In the instant case, however, we need not, and do not,                 
          decide the outer limit of how many replacement properties the               
          statute permits taxpayers to identify.  Petitioner’s effort to              
          comply with the statute by identifying 20 specific properties to            
          be received in the exchange appears to have been made in good               
          faith and does not cause an absurd result, given the fact that              
          the statute is silent as to the permissible number and the                  
          legislative history is an unreliable indicator of the proper                
          limitation.4  Petitioner sought advice and, because the                     
          regulations were not published, even in proposed form, at the               



          3(...continued)                                                             
          569, 571 (1966).                                                            
          4                                                                           
               This is not to say, however, that the requirements of sec.             
          1.1031(k)-1(c)(4), Income Tax Regs., T.D. 8346, 1991-1 C.B. 150,            
          157, generally limiting to three the number of properties that              
          taxpayers are entitled to identify, or any number of properties             
          where their total value does not exceed 200 percent of the fair             
          market value of the properties relinquished, is not a valid                 
          exercise of the Commissioner’s authority to interpret a statute             
          which is silent on the matter.  As stated above, that regulation            
          is not before us because it is not effective for the year in                
          issue.                                                                      






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