Orville E. Christensen and Helen V. Christensen - Page 8

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          have a transaction qualify as a section 1031 exchange do not                
          matter; what counts is what was actually done.  Carlton v. United           
          States, 385 F.2d 238 (5th Cir. 1967).                                       
               Possibly with the purpose of clarifying some confusion with            
          respect to the limits of section 1031, and the time that might be           
          allowable in order to complete such a transaction, which would              
          qualify as tax free, Congress amended, in the Deficit Reduction             
          Act of 1984, Pub. L. 98-369 (DEFRA), sec. 77(a), 98 Stat. 494,              
          595, the provisions of section 1031 by adding a new paragraph (3)           
          to section 1031(a).  The new subsection reads as follows:                   
                    (3) Requirement that property be identified and                   
               that exchange be completed not more than 180 days after                
               transfer of exchanged property.--For purposes of this                  
               subsection, any property received by the taxpayer shall                
               be treated as property which is not like-kind property                 
               if--                                                                   
                         (A) such property is not identified as                       
                    property to be received in the exchange on or                     
                    before the day which is 45 days after the date on                 
                    which the taxpayer transfers the property                         
                    relinquished in the exchange, or                                  
                         (B) such property is received after the                      
                    earlier of--                                                      
                              (i) the day which is 180 days after the                 
                         date on which the taxpayer transfers the                     
                         property relinquished in the exchange, or                    
                              (ii) the due date (determined with                      
                         regard to extension) for the transferor's                    
                         return of the tax imposed by this chapter for                
                         the taxable year in which the transfer of the                
                         relinquished property occurs.                                








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