- 14 - Moreover, there is no evidence in the record that petitioner wife transferred her interest in her residence to herself and her husband in consideration of improvements to be made to the residence. Petitioners have failed to show that petitioner husband actually paid for more than half the improvements to the King of Prussia property, and it is stipulated that none was paid for from an account solely in the name of petitioner husband. Petitioner husband contends that section 1034 does not require the proceeds from the old residence to be invested in the new residence. Petitioner husband contends that there is no provision in section 1034 or the regulations requiring that costs attributable to a new residence be split between husband and wife. However section 1034 requires that a taxpayer who wishes to defer recognition on all of the gain realized on the sale of an old residence must purchase a new residence for an amount greater than or equal to the adjusted sales price of the old residence. Petitioner husband has not proved that he provided more than half of the cash paid in the reconstruction of the King of Prussia property. Accordingly, respondent’s determination on this point is sustained. As we have found that petitioner husband did not prove that he provided more than half of the amounts that were expended for construction and reconstruction for the King of Prussia property, we need not addressPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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