Allied Marine Systems, Inc. - Page 19

                                       - 19 -                                         
          applies here.  The Solomons property was purchased by the                   
          partnership, not contributed to it.                                         
               Under section 1034(a), the old residence must be "sold by" a           
          taxpayer claiming nonrecognition treatment.  The Solomons house             
          was sold, along with the other partnership property, by Solomons,           
          not by petitioner.  Maintaining continuity of title is a key to             
          receiving nonrecognition treatment under section 1034.  See                 
          Starker v. United States, 602 F.2d 1341, 1351 (9th Cir. 1979).              
          Title to the Solomons house was held in the name of Solomons,               
          along with the other partnership property.  Petitioner's new                
          residence was titled in his and another's names.  No continuity             
          of title exists here.                                                       
               Petitioner argues that through an oral agreement with his              
          partners he gained an interest in the Solomons house.  Neither of           
          the other Solomons partners corroborated petitioner's testimony.            
          Petitioner, Fischer, and a Delta representative, Douglass Parran,           
          Jr. (Parran), testified that each partner had the option to                 
          receive one of the residential units to be built as part of the             
          development.  Such an agreement would not constitute a transfer             
          to petitioner of title in the Solomons house.  Fischer testified            
          that petitioner's use of the Solomons house was important to the            
          partnership during the construction phase from a security                   
          standpoint and from a convenience standpoint (petitioner was                
          overseeing the construction).  However, petitioner, Fischer, and            
          Parran also testified that, from the outset, Solomons intended to           




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011