Raymond St. Laurent - Page 9

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          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, in                 




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