- 8 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011