- 6 - investment'". Commissioner v. P.G. Lake, Inc., 356 U.S. 260, 268 (1958) (quoting section 39.112(a)-1), Income Tax Regs. (promulgated under the Internal Revenue Code of 1939), and analyzing a tax-free exchange under section 112(b)(1) of the 1939 Code, a predecessor of section 1031). In an exchange of like- kind property, "the taxpayer's economic situation after the exchange is fundamentally the same as it was before the transaction occurred." Koch v. Commissioner, 71 T.C. 54, 63 (1978). The U.S. Court of Appeals for the Fourth Circuit in Coastal Terminals, Inc. v. United States, 320 F.2d 333, 337 (4th Cir. 1963), stated: The purpose of Section 1031(a), as shown by its legislative history, is to defer recognition of gain or loss when a direct exchange of property between the taxpayer and another party takes place; a sale for cash does not qualify as a nontaxable exchange even though the cash is immediately reinvested in like property. See also Magneson v. Commissioner, 753 F.2d 1490, 1494 (9th Cir. 1985), affg. 81 T.C. 767 (1983);3 Starker v. United States, 602 F.2d 1341, 1352 (9th Cir. 1979). In Barker v. Commissioner, 74 T.C. 555, 561 (1980), this Court noted: The "exchange" requirement poses an analytical problem because it runs headlong into the familiar tax 3 The case law, the regulations and the legislative history are thus all in agreement that the basic reason for nonrecognition of gain or loss on transfers of property under sec. 1031 is that the taxpayer's economic situation after the transfer is fundamentally the same as it was before the transfer: his money is still tied up in investment in the same kind of property. Magneson v. Commissioner, 753 F.2d 1490, 1494 (9th Cir. 1985); affg. 81 T.C. 767 (1983).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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