Orville E. Christensen and Helen V. Christensen - Page 13

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               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 sale                   





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