- 12 - Second, the court held that a sale occurred because the benefits and burdens of ownership passed under the contract. As discussed above, petitioners did not pass sufficient benefits and burdens of ownership to the Sopers under the option agreement to constitute a complete sale until August 5, 1991. Third, the Court of Appeals in Baertschi reasoned that the sellers were not entitled to section 1034 deferral because "income tax provisions which exempt taxpayers under given circumstances from paying taxes (or as here, postponing them) are strictly construed." Baertschi v. Commissioner, supra at 498-499. The circumstances here are, from petitioners' standpoint, at best ambiguous. Strict construction of the statutory requirement that petitioners sell the Blue Lake property within 2 years of July 19, 1991, requires us to conclude that they did not meet that requirement. 3. Whether Petitioners Could Compel the Sopers To Exercise the Option Petitioners rely on Awalt v. Commissioner, T.C. Memo. 1987- 42, to support their position that we should treat the option agreement as a sale. In Awalt v. Commissioner, supra, the taxpayer did not qualify for section 1034 treatment because the sale of his residence in Hawaii occurred in 1972 when he received 2(...continued) not require conveyance of title within one year from the date of formation of the contract."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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