Michael Hillyer and Teresa Hillyer, et al. - Page 13

                                         13                                           
                         (A) such property is not identified as                       
                    property to be received in the exchange on or                     
                    before the day which is 45 days after the date on                 
                    which the taxpayer transfers the property                         
                    relinquished in the exchange, or                                  
                         (B) such property is received after the                      
                    earlier of--                                                      
                              (i) the day which is 180 days after the date            
                         on which the taxpayer transfers the property                 
                         relinquished in the exchange, or                             
                              (ii) the due date (determined with regard to            
                         extension) for the transferor's return of the tax            
                         imposed by this chapter for the taxable year in              
                         which the transfer of the relinquished property              
                         occurs.                                                      
               Further attempting to clarify the new statutory provisions             
          under section 1031, section 1.1031(k)-1, Income Tax Regs.,                  
          effective on or after June 10, 1991, provides in section                    
          1.1031(k)-1(c)(3), Income Tax Regs.:                                        
                    Replacement property is identified only if it is                  
               unambiguously described in the written document or                     
               agreement.  Real property generally is unambiguously                   
               described if it is described by a legal description,                   
               street address, or distinguishable name * * *                          
               Section 1.1031(k)-1(c)(4), Income Tax Regs., further                   
          provides that the number of replacement properties that will                
          qualify under section 1031(a) to be designated by the taxpayer              
          may not exceed three in number.                                             
               Once again, the new regulations, in section 1.1031(k)-1(f),            
          Income Tax Regs., reemphasize:                                              
               A transfer of relinquished property in a deferred                      
               exchange is not within the provisions of section                       
               1031(a) if, as part of the consideration, the taxpayer                 
               receives money or other property.  * * *                               




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