- 8 - an agreement to exchange); 124 Front Street, Inc. v. Commissioner, 65 T.C. 6, 17-18 (1975) (taxpayer can advance money toward purchase price of property to be exchanged); Coupe v. Commissioner, 52 T.C. 394, 405, 409 (1969) (the taxpayer can locate and negotiate for the property to be acquired); J.H. Baird Publishing Co. v. Commissioner, 39 T.C. 608, 615 (1962) (the taxpayer can oversee improvements on the land to be acquired); Mercantile Trust Co. v. Commissioner, 32 B.T.A. 82, 87 (1935) (alternative sales possibilities are ignored where conditions for an exchange are manifest and an exchange actually occurs). Provided the final result is an exchange of property for other property of a like kind, the transaction may qualify under section 1031.5 However, courts have discerned boundaries in the interpretation and application of section 1031. In Barker v. Commissioner, 74 T.C. at 563-564, we recognized that at some point the confluence of some sufficient number of deviations will bring about a taxable result. Whether the cause be economic and business reality or poor tax planning, prior cases make clear that taxpayers who stray too far run the risk of having their transactions characterized as a sale and reinvestment. Other courts have acknowledged that transactions that take the form of a cash sale and reinvestment cannot, in substance, constitute an exchange for purposes of section 1031, even though 5 Biggs v. Commissioner, 69 T.C. 905, 914 (1978); affd. 632 F.2d 1171 (5th Cir. 1980).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011