- 9 - the end result is the same as a reciprocal exchange of properties. Bell Lines, Inc. v. United States, 480 F.2d 710, 714 (4th Cir. 1973); Carlton v. United States, 385 F.2d 238, 241 (5th Cir. 1967). Thus, our inquiry here focuses on whether petitioner's disposition of Sunshine Liquor was a sale, as argued by respondent, or an exchange, as argued by petitioner. In Bezdjian v. Commissioner, 845 F.2d 217 (9th Cir. 1988), affg. T.C. Memo 1987-140, the taxpayers received an oil company's offer to sell a gas station that the taxpayers operated under a lease. The oil company refused to accept a rental property owned by the taxpayers in exchange and, instead, insisted on a cash transaction. The taxpayers consented and bought the gas station with the proceeds of a loan that was secured by a deed of trust on their residence and the rental property. About 3 weeks after the gas station was conveyed to the taxpayers, they sold the rental property to a third party who assumed a mortgage and paid the remainder of the price in cash. The taxpayers treated these transactions as a like-kind exchange governed by section 1031 on their 1978 tax return. The U.S. Court of Appeals for the Ninth Circuit explained that there was no "exchange" under the meaning of section 1031. The court found that the taxpayers failed to understand that the parties involved must make an exchange of property or an interest in property for other property of a like kind in order for the transaction to qualify for nonrecognition. The court also foundPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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