- 15 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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