- 7 - subsection, any property received by the taxpayer shall be treated as property which is not like-kind property if-- (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. Although the transactions in issue are deferred like-kind exchanges the tax consequences of which are governed by section 1031(a)(3), we precede our consideration of the statute by looking to certain pre-DEFRA case law that continues to be generally applicable to like-kind exchanges. In structuring their transactions as tax-deferred like-kind exchanges, taxpayers have been allowed great latitude. Biggs v. Commissioner, 69 T.C. 905, 913 (1978), affd. 632 F.2d 1171 (5th Cir. 1980). For instance, an agreement to sell property for cash may be converted into a like-kind exchange before substantial implementation of the transaction occurs. Coupe v. Commissioner, 52 T.C. 394, 405 (1969). Multiple parties may be involved in an exchange where the potential buyer of the taxpayer’s property does not own anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011