- 15 - Respondent determined that gain realized on the condemnation of the DeSellum property did not qualify for nonrecognition under section 1033 because qualified replacement property was not purchased within the statutory replacement period. Petitioners assert that the Bath Co. property was qualified replacement property that was purchased within the statutory replacement period. Respondent concedes that petitioners' DeSellum property was real property held for productive use in a trade or business; accordingly, the 3-year replacement period applies to petitioners. Sec. 1033(g)(4). To resolve the issue of whether qualified replacement property was timely acquired, we must determine when the 3-year replacement period began and ended. Pursuant to section 1033(a)(2)(B), the 3-year replacement period begins "with the date of the disposition of the converted property, or the earliest date of the threat or imminence of requisition or condemnation of the converted property, whichever is the earlier". Section 1033(a)(2)(E) defines "disposition of the converted property" to mean, inter alia, the "condemnation of the converted property * * *." Whether there has been a condemnation for Federal tax law purposes depends on the substantive rights arising under State law. Dear Publication & Radio, Inc. v. Commissioner, 31 T.C. 1168, 1174 (1959), affd. 274 F.2d 656 (3d Cir. 1960); see Morgan v. Commissioner, 309 U.S. 78, 81 (1940).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011