- 17 - application for extension must be filed prior to the expiration of 3 years after the close of the first taxable year in which any part of the gain from the conversion is realized. Sec. 1.1033(a)-2(c)(3), Income Tax Regs. Petitioners have stipulated that they did not ask the IRS for an extension of time in which to buy replacement property pursuant to section 1033. Accordingly, we must determine whether petitioners purchased replacement property within 3 years after the close of the first taxable year in which any part of the gain upon the conversion was realized. Sec. 1033(a)(2)(B)(i). The key to resolving this issue is the date on which gain was realized, if at all, on the conversion of the petitioners' property. On June 5, 1980, the State deposited $28,400 with the circuit court as compensation to petitioners for condemnation of their property. The condemnation actually occurred on June 16, 1980, and, on June 24, 1980, petitioners withdrew the $28,400 deposit. Despite withdrawing these funds in 1980, petitioners argue that no amount was realized until 1989, when the amount of compensation that they were entitled to receive as a result of the condemnation was finally determined. We have previously addressed this argument in the context of condemnation deposits, and it is well settled that, under the claim of right doctrine, such amounts are realized to the taxpayer in the year received even though at the time of receipt conditions exist which mightPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011