Raymond St. Laurent - Page 18

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          received after the earlier of (1) 180 days after the transfer of            
          property relinquished in such exchange, or (2) the due date of              
          the return, including extensions, for the year in which the                 
          relinquished property is transferred.  Petitioner’s return for              
          1988, the year in which the transfer of his interest in RPDS                
          occurred, was due on April 15, 1989.  That due date was less than           
          180 days after the transfer of his interest in RPDS, and so it              
          marks the end of the time allowed for completing the exchange of            
          such interest for like-kind property.  Petitioner did not receive           
          the Sheffield lot until May 17, 1989.  Consequently, petitioner             
          failed to complete the exchange of his interest in RPDS for the             
          Sheffield lot within the statutorily prescribed time limit.  Sec.           
          1031(a)(3)(B)(ii).  Furthermore, respondent contends, and                   
          petitioner does not dispute, that the transfer of the Sheffield             
          lot to petitioner occurred 194 days after petitioner transferred            
          his interest in RPDS.7  Consequently, the exchange of                       
          petitioner’s interest in RPDS for the Sheffield lot was not                 
          completed within the 180-day period prescribed by section                   
          1031(a)(3)(B)(i).  Accordingly, the Sheffield lot is not property           
          of a like kind received in exchange for petitioner’s interest in            



          7                                                                           
               Indeed, other than objecting to respondent’s proposed                  
          ultimate finding of fact that the transaction involving the                 
          Sheffield lot was not a qualified exchange under sec. 1031(a),              
          petitioner makes no argument on brief with respect to the                   
          Sheffield lot transaction.                                                  




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