- 3 - period, petitioner attempted to purchase a new principal residence. However, because he did not have an established commission sales record, petitioner could not secure a mortgage. Petitioner was dismissed from his sales agent position in March 1988, after his employer discovered he was interviewing for salaried employment. As petitioner continued this employment search, he accepted part-time work assignments, which sometimes required physical labor. During one of these assignments, petitioner sustained serious injuries to his back, neck, and ankle, which left him unable to work for several months. In February of 1989, petitioner found full-time employment and immediately sought to purchase a new residence. After an unsuccessful attempt at acquiring a home, petitioner finally succeeded in purchasing a residence on July 21, 1989, in Long Beach, New York. Because of his injuries, petitioner has since relocated to Austin, Texas, but he continues to own the New York residence. Petitioner contends that because of the recent physical and financial hardships he has endured, as well as his good faith effort to purchase another principal residence, the replacement period provided by section 1034 should be waived. Respondent argues simply that because petitioner did not purchase and use a replacement residence within the statutory period, he is not entitled to the benefits of section 1034(a). As unfortunate asPage: Previous 1 2 3 4 5 Next
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