Julius and Hanan Dibsy - Page 9

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          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 found            




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