13 Accordingly, we must hold that the requirements of section 1031(a)(3)(B) are unambiguous; the transfer of the replacement properties to petitioner husband as exchanger took place after the required receiving period; no extension of time for filing the required return for 1988 was applied for or granted; and the transfers involved in this case do not qualify for tax-free treatment under section 1031. Qualification of the Transaction for Reporting on the Installment Basis We have held that the alleged "exchange" of the Tesconi property by petitioner husband in exchange for various designated properties, all acquired in 1989, are not to be treated as a tax- free exchange under section 1031; rather, it is a sale by petitioner husband, in payment of which he received the properties that we have listed herein. The parties have stipulated that the gain on the disposition of the Tesconi property was $776,441 after deducting basis, refinancing costs, and expenses of sale. It is true, however, that although the Tesconi property was conveyed to the facilitators and to the purchasers on December 22, 1988, the compensation to petitioner husband was not received until after April 17, 1989. Petitioners argue that, if the Court should hold that the transaction herein does not qualify for tax-free exchange treatment under section 1031, nevertheless it should qualify for installment salePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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