Julius and Hanan Dibsy - Page 7

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               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).                                            




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