Donald DeCleene and Doris DeCleene - Page 17




                                       - 17 -                                         

          recognized under the general rule of section 1001(c); such a sale           
          does not become part of a qualifying exchange under section                 
          1031(a) even though the cash received on the sale is immediately            
          invested in like property.  Compare Coastal Terminals, Inc. v.              
          United States, 320 F. 2d 333, 337 (4th Cir. 1963), with Rogers v.           
          Commissioner, 44 T.C. 126, 136 (1965), affd. per curiam 377 F.2d            
          534 (9th Cir. 1967).                                                        
               Petitioners remind us, and we are well aware--as we stated             
          in another section 1031 exchange case in which we held against              
          the taxpayer--that “Notwithstanding the familiar and long-                  
          standing rule that exemptions are to be narrowly or strictly                
          construed, * * * section 1031 has been given a liberal                      
          interpretation.”  Estate of Bowers v. Commissioner, 94 T.C. 582,            
          590 (1990) (citing Biggs v. Commissioner, 69 T.C. 905, 913-914              
          (1978), affd. 632 F.2d 1171 (5th Cir. 1980)).  The courts have              
          exhibited a lenient attitude toward taxpayers in like-kind                  
          exchange cases, particularly toward deferred exchanges.  See,               
          e.g., Starker v. United States, 602 F.2d 1341 (9th Cir. 1979).              
          The Commissioner has also played a facilitating role by issuing             
          regulations that provide safe harbors for deferred exchanges, see           
          sec. 1.1031(k)-1, Income Tax Regs., under the statutory                     
          limitations imposed on such exchanges by section 1031(a)(3), as             
          enacted by Deficit Reduction Act of 1984, Pub. L. 98-369, sec.              







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011