Orville E. Christensen and Helen V. Christensen - Page 9

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               DEFRA section 77(b)(3), 98 Stat. 596, made the new section             
          1031(a)(3) effective for transfers made after July 18, 1984, in             
          tax years ending after that date.                                           
          Qualification Under Section 1031(a)(3)(A)                                   
               First, we consider whether the projected exchange of                   
          properties qualifies under the restrictions of section                      
          1031(a)(3)(A)--that the desired properties to be received in the            
          exchange be specifically designated by the exchanger within 45              
          days.  We reject the suggestion that section 1031(a)(3)(A) was              
          not satisfied in this case because an excessive number of                   
          properties were designated.  The statute, which we have quoted              
          above, only requires that the designated replacement properties             
          be specified within 45 days after the date on which the taxpayer            
          transfers the property relinquished in the exchange.  In the                
          instant case, that means 45 days after petitioner husband                   
          transferred the Tesconi property to the facilitators, which was             
          December 22, 1988.  Forty-five days thereafter was February 5,              
          1989, and prior to that date, petitioner husband had designated             
          all the desired replacement properties.  At that time, there was            
          no further limitation on the application of section                         
          1031(a)(3)(A).  In an attempt to limit the number of properties             
          that could be so designated, section 1.1031(k)-(1)(c), Income Tax           
          Regs., was adopted by T.D. 8346, 1991-1 C.B. 150, 157.  The                 
          regulations, however, are prospective only as they apply to                 
          transfers of property made on or after June 10, 1991.  At the               




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