- 26 - Burlington house as their principal residence. On October 14, 1993, respondent issued the notice of deficiency. Through amended pleadings, respondent alleged that petitioners' basis in the Burlington property was $160,030, not $182,634 as stated on the return, and asserted corresponding increases in the deficiency, addition to tax, and accuracy-related penalty. Petitioners allege that their basis in the Burlington house was greater than the amount claimed on their return. ULTIMATE FINDINGS OF FACT 1. The Burlington house was not the principal residence of either petitioner in 1989. 2. The gain in the amount determined below must be recognized in 1989. 3. Petitioners' 1989 tax return was not timely filed, and they are liable for the delinquency addition. 4. Petitioners were negligent and disregarded rules or regulations in claiming deferral of the gain on the sale of the Burlington house. OPINION Generally, sections 1001 and 61 require a taxpayer to recognize gain realized on the sale of property in the year of the sale. Section 1034, however, requires a taxpayer to defer recognition of gain realized on the sale of the taxpayer's principal residence in certain circumstances. If the taxpayer purchases and uses a new principal residence within the specifiedPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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