- 4 - Neither the mortgage nor the promissory note held by the lending institution was changed to reflect petitioner husband's joint liability for the mortgage on the King of Prussia property. Renovations and restorations were made to the King of Prussia property in the total amount of $229,472 within the 2- year replacement period permitted by section 1034(a) before and after the date of the sale of the Wyndmoor property. The renovation and restoration payments for the King of Prussia property qualify as payments made for the partial reconstruction of a replacement residence. All renovation and restoration payments for the King of Prussia property were paid from a joint checking account in the names of petitioners, or from a checking account in the name of petitioner wife. A substantial portion of the renovations and restorations of the King of Prussia property was made before petitioners had executed the written agreement between themselves on July 24, 1989. Discussion Under the general rule of section 1001(c),3 taxpayers are ordinarily required to recognize their entire gain on the sale of property. Secs. 61, 1001. However, section 1034, captioned 3SEC. 1001. DETERMINATION OF AMOUNT OF AND RECOGNITION OF GAIN OR LOSS. (c) Recognition of Gain or Loss.--Except as otherwise provided in this subtitle [subtitle A, relating to income taxes], the entire amount of the gain or loss, determined under this section, on the sale or exchange of property shall be recognized.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011