Robert R. Skorniak and Mary Skorniak - Page 8

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          gross income gains derived from dealings in property.  Section              
          1001(c) generally requires a taxpayer to recognize the entire               
          amount of gain or loss realized on the sale or exchange of                  
          property.  With respect to gain realized on the sale of a prin-             
          cipal residence, section 1034(a) provides the following exception           
          to that general rule:                                                       
               If property (in this section called "old residence")                   
               used by the taxpayer as his principal residence is sold                
               by him and, within a period beginning 2 years before                   
               the date of such sale and ending 2 years after such                    
               date, property (in this section called "new residence")                
               is purchased and used by the taxpayer as his principal                 
               residence, gain (if any) from such sale shall be recog-                
               nized only to the extent that the taxpayer's adjusted                  
               sales price (as defined in subsection (b)) of the old                  
               residence exceeds the taxpayer's cost of purchasing the                
               new residence.[5]                                                      
          Section 1034(c)(2) provides that, for purposes of section 1034, a           
          residence any part of which was constructed or reconstructed by a           
          taxpayer shall be treated as being purchased by that taxpayer.              
               The parties agree that (1) the California residence was                
          petitioners' "old residence" for purposes of section 1034;                  
          (2) petitioners sold that residence on January 31, 1990; (3) they           
          realized a gain of $213,964 from that sale; (4) the adjusted                
          sales price of that residence does not exceed the total costs               
          incurred by petitioners in constructing the 3405 house; and                 
          (5) they were required to use that house as their principal                 


          5  Any gain that is not recognized under sec. 1034 reduces the              
          taxpayer's basis in the "new residence".  Sec. 1034(e).                     




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