James T. and Goldie L. Ryan - Page 15

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          purchase price,4 as materially different from the 12 percent                
          in Williams.  We see no grounds for treating petitioners' and               
          the Sopers' option agreement as anything other than an option               
          agreement.                                                                  
          B.   Whether It Is Significant That the Sopers Occupied the Blue            
               Lake Property Before Title Passed to Them                              
               Respondent argues in the alternative that petitioners' sale            
          of the Blue Lake property is ineligible for section 1034 because            
          they leased it to the Sopers before the Sopers bought it.  We               
          need not decide this issue because we hold that petitioners sold            
          the Blue Lake property more than 2 years after they bought their            
          Portland residence.                                                         
          C.   Conclusion                                                             
               We conclude that, for purposes of section 1034, petitioners            
          sold the Blue Lake property to the Sopers on August 5, 1991.                
          They may not defer gain realized from the sale under section 1034           




               4 If we treat the Sopers' $1,250 security deposit as                   
          nonrefundable, they paid 13.82 percent of the purchase price.               
          That percentage is not materially different from that in                    
          Williams v. Commissioner, 1 F.3d 502 (7th Cir. 1993), affg. 94              
          T.C. 464 (1990) and T.C. Memo. 1992-269.  Cf. Spyglass Partners             
          v. Commissioner, T.C. Memo. 1995-452 (purchase agreements were              
          enforceable obligations and not options; despite relatively small           
          downpayment, benefits and burdens passed to buyers in December              
          1983 when they had right to possess property, had obligation to             
          pay pro rata share of property tax, and bore risk of loss of                
          property).                                                                  






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