- 9 - to the transaction have acted consistently therewith. Garcia v. Commissioner, supra at 498. In the instant case, respondent makes two principal arguments that the RPDS/Hillview exchange transaction fails to qualify for tax-deferred treatment pursuant to section 1031(a). Respondent’s first objection is that, in acquiring Hillview himself, petitioner failed to observe the terms of the amendment to the sale agreement that provided that the Labbes would purchase the property to be exchanged for his interest in RPDS. Secondly, respondent contends that petitioner’s identification of 20 replacement properties exceeds the limitation on the number of replacement properties that may be designated pursuant to section 1031(a)(3), and that the particular replacement property received in the exchange was not subject to determination by contingencies beyond the control of the parties to the exchange. As to respondent’s first contention, the amendment to the sale agreement makes clear that the manner in which the exchange transaction was to be effected was almost exclusively within petitioner’s control. We view the Labbes’ undertakings in the amendment with respect to the acquisition of property to be exchanged for petitioner’s interest in RPDS as merely accommodations to petitioner to ensure that the Labbes would perform whatever acts that might be deemed necessary to cause an exchange to qualify for like-kind exchange treatment pursuant to section 1031(a). Moreover, the amendment provides that, inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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