Terry Duane Beall and Joyce Engel Beall - Page 11

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          Petitioners contend that they are entitled to roll over the                 
          $503,250 gain under section 1034.  Petitioners bear the burden of           
          showing their entitlement to the nonrecognition benefits of                 
          section 1034 by proving that they have satisfied all of the                 
          section's requirements.  Rule 142(a); Welch v. Helvering, 290               
          U.S. 111 (1933); Durando v. United States, 70 F.3d 548, 550 (9th            
          Cir. 1995); see Boesel v. Commissioner, 65 T.C. 378, 386 (1975);            
          see also Lokan v. Commissioner, T.C. Memo. 1979-380.                        
               Petitioners sold 20 The Point, which they describe as their            
          old residence, on March 9, 1989, realizing a gain of $503,250,              
          purchased 15 Sandpiper, the new residence, on November 21, 1988,            
          and then moved into 15 Sandpiper on March 1, 1989.  This meets              
          the replacement period of 2 years mandated in section 1034.                 
          Thus, we must decide the narrow question whether 20 The Point was           
          petitioners' principal residence from August 31, 1988 (date of              
          acquisition of legal title), until March 9, 1989 (date of sale),            
          and, if so, whether 15 Sandpiper was then used by petitioners as            
          their principal residence.                                                  
               The phrase "principal residence" is not defined by the Code;           
          however, section 1.1034-1(c)(3)(i), Income Tax Regs., provides              
          that the determination of whether a property is used by a                   
          taxpayer as his principal residence "depends upon all the facts             
          and circumstances in each case, including the good faith of the             
          taxpayer."  In Stolk v. Commissioner, 40 T.C. 345, 353, 355,                





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