11 means that multiple parties must be involved in the transaction. * * * As a result, courts have acknowledged that transactions that take the form of a cash sale and reinvestment cannot, in substance, constitute an exchange for purposes of section 1031, even though the end result is the same as a reciprocal exchange of properties. Bell Lines, Inc. v. United States, 480 F.2d 710, 714 (4th Cir. 1973); Carlton v. United States, 385 F.2d 238, 241 (5th Cir. 1967). Thus, our inquiry is narrowly focused on whether the corporation's disposition of the Phoenix property in this case was a sale, as argued by respondent, or an exchange for the Coggeshall and Inness properties, as argued by petitioners. Petitioners contend that the series of transactions here culminating in the acquisition of the Coggeshall property and the Inness property with funds resulting from the Phoenix property transfer, were steps in an integrated transaction, the substance of which was an exchange of properties within section 1031(a). In some multiparty transactions, the taxpayer desires to exchange, rather than to sell, his property, but the potential buyer owns no property that the taxpayer wishes to receive in exchange. Thus, some cases involve three or more parties and multiple conveyances of property in an effort to structure an exchange instead of a sale and reinvestment. In some of them, these multiparty transactions have been held to constitute an exchange within the meaning of section 1031. In so holding, the courts have allowed taxpayers great latitude in structuring theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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