Raymond St. Laurent - Page 10

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          addition to the methods set forth therein, the exchange of                  
          petitioner’s interest in RPDS for like-kind property may be                 
          effected in any other manner mutually satisfactory to the parties           
          thereto.                                                                    
               Respondent concedes that it was not necessary for the Labbes           
          to take title to Hillview in order for the exchange of                      
          petitioner’s interest in RPDS for such property to meet the                 
          requirements of section 1031(a).  See Biggs v. Commissioner, 632            
          F.2d at 1177.  Consequently, we do not consider it significant,             
          for purposes of section 1031(a), that the parties to the                    
          amendment did not follow the procedure for acquiring the                    
          replacement property (i.e., Hillview).  Moreover, by their                  
          conduct, we treat petitioner and the Labbes as having adopted,              
          pursuant to the provisions of the amendment, a mutually                     
          satisfactory alternative method for accomplishing the exchange of           
          petitioner’s interest in RPDS for Hillview.                                 
               We next consider respondent’s argument concerning the                  
          provisions of section 1031(a)(3).  As noted above, respondent               
          argues that petitioner’s identification of replacement properties           
          did not satisfy section 1031(a)(3)(A) because (1) petitioner                
          identified 20 properties as replacement properties, and (2) the             
          particular replacement properties to be received were not to be             
          determined by contingencies beyond the control of the parties to            
          the exchange.  Respondent relies on the following passage in the            
          conference report on DEFRA:                                                 




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