Sherburne M. Edmondson, Jr. and Diane L. Edmondson - Page 17

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          the "temporary" rental of an old residence prior to its sale does           
          not preclude the nonrecognition of gain realized on the sale of the         
          old home, here the old residence ceased to be Mr. Edmondson's               
          principal residence well before it was sold in 1988.  See Perry v.          
          Commissioner,     F.3d     (9th Cir., July 31, 1996), affg. T.C.            
          Memo. 1994-247; Clapham v. Commissioner, 63 T.C. 505, 511-512 (1975)        
          (the  definition  of  "temporary"  depends  on  the  facts  and             
          circumstances of each case).                                                
               Moreover, the Edmondsons never purchased a new principal               
          residence.  Mr. Edmondson entered into an oral agreement intended           
          to give him some type of an interest in the Floyd Avenue house.  The        
          exact details of such arrangement are not clear from the record.            
          What is clear, however, is that the Edmondsons never purchased the          
          Floyd Avenue house; the von Behrenses did.  See Marcello v.                 
          Commissioner, 380  F.2d 499, 502 (5th Cir. 1967) ("If a third party         
          owns the residence, the purchase requirements are not met"), affg.          
          on this issue and remanding T.C. Memo. 1968-268.                            
               Based on the record before us, we conclude that Mr. Edmondson          
          did not purchase a new principal residence within the period                
          beginning 2 years before and ending 2 years after the sale of the           
          Seattle house.  Thus, we sustain respondent's position that the gain        
          on the Seattle house does not qualify for deferred recognition              
          pursuant to section 1034.                                                   

               9(...continued)                                                        
          house.                                                                      




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