- 8 - Cir. 1967), affg. T.C. Memo. 1964-299 (gain recognized where title to new residence was placed in the name of the taxpayer's mother); Snowa v. Commissioner, T.C. Memo. 1995-336 (gain recognized where divorced taxpayer purchased new residence where title to new residence was jointly placed in the names of taxpayer and her new spouse and the taxpayer’s cost of purchasing her interest in the new residence exceeded the adjusted sale price for her interest in old residence); May v. Commissioner, T.C. Memo. 1974-54 (gain recognized where title to new residence was placed in the name of the taxpayer's daughter). Generally, if there is a shift in title from the taxpayer to someone other than the taxpayer, then the nonrecognition provided for in section 1034 is denied. Marcello v. Commissioner, supra. Accordingly, unintended recognition of gain may arise when a married taxpayer’s contribution to the purchase price of a new residence is less than his or her share of the sale price received from the old residence, and title to the new residence is held in a different way than it was held in the old residence. Cf. Murphy v. Commissioner, 103 T.C. 111 (1994). Recognizing that difficulties may arise when married taxpayers buy and sell property, section 1034(g) provides a limited exception to the general ownership and purchase requirements as between spouses. Where both the old residence and the new residence are used by the taxpayer and the taxpayer's same spouse as their principal residence, they can file a special consent election under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011