- 12 - The mere fact that the King of Prussia property is held as tenants by the entirety does not determine the amount of the $229,472 in construction and reconstruction that is included in petitioner husband’s cost of purchasing the King of Prussia property. For Federal tax law purposes, the phrase “taxpayer’s cost of purchasing the new residence” includes contributions of both the taxpayer and the taxpayer’s spouse to determine nonrecognition of gain under section 1034, if the taxpayer falls under the provisions of section 1034(g) and section 1.1034-1(f), Income Tax Regs. Petitioner husband fails to satisfy those provisions yet seeks their benefit. Petitioners contend that the private agreement executed approximately 11 months after petitioner husband has sold the Wyndmoor property and 5 months after he had acquired a 50-percent ownership interest in the King of Prussia property allows him to include all of the reconstruction expenses in his cost of purchasing the King of Prussia property. Under the terms of this agreement petitioner husband was to use the proceeds from the sale of the Wyndmoor property to do major renovations on the King of Prussia property. This private agreement cannot rewrite history and fails to change the Federal tax consequences of transactions which took place months before it was executed. Nor does the agreement (or any other evidence of record) establish that petitioner husband in fact paid more than half the cost of the renovations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011