Raymond St. Laurent - Page 11

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               The conferees note that the designation requirement in                 
               the conference agreement may be met by designating the                 
               property to be received in the contract between the                    
               parties.  It is anticipated that the designation                       
               requirement will be satisfied if the contract between                  
               the parties specifies a limited number of properties                   
               that may be transferred and the particular property to                 
               be transferred will be determined by contingencies                     
               beyond the control of both parties.  For example, if A                 
               transferred real estate in exchange for a promise by B                 
               to transfer property 1 to A if zoning changes are                      
               approved and property 2 if they are not, the exchange                  
               would qualify for like-kind treatment. * * *  [H. Conf.                
               Rept. 98-861, at 866 (1984), 1984-3 C.B. (Vol. 2) 1,                   
               120; emphasis supplied.]                                               
                                                                                     
               After the year in issue, the Commissioner issued regulations           
          providing that, in general, a taxpayer may identify either (1) a            
          maximum of three properties as replacement properties, or (2) any           
          number of properties provided the fair market value of the                  
          designated properties does not exceed 200 percent of the fair               
          market value of all properties relinquished by the taxpayer in              
          the exchange.  Sec. 1.1031(k)-1(c)(4), Income Tax Regs., T.D.               
          8346, 1991-1 C.B. 150, 157.  The regulations, however, are                  
          prospective only, as they apply to transfers of property made on            
          or after June 10, 1991, or in certain cases, to transfers made on           
          or after May 16, 1990.1  Sec. 1.1031(k)-1(o), Income Tax Regs.,             


          1                                                                           
               Because the Commissioner’s regulations are not applicable to           
          the transactions in issue, we express no opinion concerning the             
          regulations’ validity.  We note, however, where a statute is                
          silent or ambiguous with respect to an issue that is the subject            
          of a regulation, a reviewing court need only decide whether the             
          regulation is based on a permissible construction of the statute.           
          Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.,           
          467 U.S. 837, 843 (1984).                                                   




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