- 6 - used by a taxpayer as his principal residence depends on all the facts and circumstances of each case. Roth v. Commissioner, T.C. Memo. 1977-17; sec. 1.1034-1(c)(3)(i), Income Tax Regs. The taxpayer's cost of purchasing the new residence means the total of all amounts which are attributable to the acquisition, construction, reconstruction, and improvements constituting capital expenditures made during the replacement period. Shaw v. Commissioner, 69 T.C. 1034 (1978); sec. 1.1034-1(b)(7), (9), Income Tax Regs. Section 1.1034-1(c)(4)(i), Income Tax Regs., further provides: The taxpayer's cost of purchasing the new residence includes not only cash but also any indebtedness to which the property purchased is subject at the time of purchase whether or not assumed by the taxpayer (including purchase-money mortgages, etc.) and the face amount of any liabilities of the taxpayer which are part of the consideration for the purchase. Commissions and other purchasing expenses paid or incurred by the taxpayer on the purchase of the new residence are to be included in determining such cost. The parties do not dispute the existence of the sale of petitioner husband’s old residence, the date of the sale, the selling price, the gain realized on the sale, or the adjusted sale price of the old residence. The parties also agree that $229,472 was expended for construction and reconstruction on the King of Prussia residence, and that the King of Prussia property was subject to a $140,806 mortgage. The parties disagree, however, on the allocation of these amounts between petitioner husband and petitioner wife.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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