- 11 - 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).Page: 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