Julius and Hanan Dibsy - Page 6

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          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).                                       




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