9 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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