- 7 - law maxim that the substance of a transaction controls over form. In a sense, the substance of a transaction in which the taxpayer sells property and immediately reinvests the proceeds in like-kind property is not much different from the substance of a transaction in which two parcels are exchanged without cash. Bell Lines, Inc. v. United States, 480 F.2d 710, 711 (4th Cir. 1973). Yet, if the exchange requirement is to have any significance at all, the perhaps formalistic difference between the two types of transactions must, at least on occasion, engender different results. Accord, Starker v. United States, 602 F.2d, 1341, 1352 (9th Cir. 1979). Courts have afforded some latitude in structuring exchange transactions. See, e.g., Magneson v. Commissioner, supra (change in mechanism of ownership which does not significantly affect amount of control or nature of underlying investment does not preclude a tax-free exchange); Starker v. United States, supra at 1354-1355 (the transfers need not occur simultaneously);4 Alderson v. Commissioner, 317 F.2d 790, 793 (9th Cir. 1963), revg. 38 T.C. 215 (1962) (parties can amend previously executed sales agreement to provide for an exchange); Barker v. Commissioner, supra at 562 (a party can hold transitory ownership solely for the purpose of effectuating an exchange); Biggs v. Commissioner, 69 T.C. 905, 913-914 (1978); affd. 632 F.2d 1171 (5th Cir. 1980) (multiple parties can be involved in an exchange with parties not owning any property at the time of entering into 4 In 1984, sec. 1031 was amended by the enactment of sec. 1031(a)(3) to permit nonsimultaneous exchanges under certain limited circumstances. This provision is more restrictive in that regard than the decision in Starker v. United States, 602 F.2d 1341, 1352 (9th Cir. 1979).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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