Theodore B. Bare - Page 7




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          property before they moved in.  On December 27, 1995, the                   
          statutory warranty deed from Uprite Homes to the Webers was                 
          recorded in Washington County, and the closing on the Bowmen Lane           
          property occurred.                                                          
               Petitioner went to Southern Oregon on December 26, 1995, to            
          stay with his parents.  On January 5, 1996, the closing occurred            
          on petitioner’s purchase of the Portland house.                             
                                     Discussion                                       
               Under sections 1001 and 61, taxpayers generally must                   
          recognize in the year of sale all gain or loss realized upon the            
          sale or exchange of property.  Section 1034, however, provides an           
          exception which allows taxpayers to defer recognition of gain               
          when sale proceeds are reinvested in a new principal residence.2            
          Section 1034(a) specifies that gain must be reinvested in                   
          property "purchased and used by the taxpayer as his principal               
          residence" in order for nonrecognition treatment to be available.           
               Respondent determined that petitioner must report gain from            
          the sale of his personal residence in 1993 because a qualifying             
          replacement residence was not purchased and used within 2 years             
          as required by section 1034.  The 2-year deadline for petitioner            
          to reinvest in a new residence and thereby qualify for gain                 


               2  Although sec. 1034 was repealed by sec. 312(b) of the               
          Taxpayer Relief Act of 1997, Pub. L. 105-34, 111 Stat. 839, and             
          the rollover provision was replaced by an expanded and revised              
          sec. 121, sec. 1034 was in effect for the year at issue herein.             





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