- 2 - under section 1034. We hold that they may not. In so holding, we conclude that petitioners failed to establish that they sold their old residence less than 2 years after they bought their new residence. The parties agree that, if petitioners must recognize gain on the sale of the old residence, respondent erred in determining a deficiency for 1989 and petitioners must recognize gain in 1991, the year they sold it. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Background The facts have been fully stipulated under Rule 122 and are so found. A. Petitioners Petitioners resided in Clackamas, Oregon, when they filed the petition in this case. In 1988, petitioners owned a home at 740 Fifth Avenue, Blue Lake, California (the Blue Lake residence, or Blue Lake property). The Blue Lake property was petitioners' principal residence until August 5, 1988. Petitioners had mortgages on the Blue Lake property with Home Federal Bank in San Diego, California, and Beneficial Finance in Eureka, California.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011