Allied Marine Systems, Inc. - Page 17

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               Section 121 provides a one-time exclusion of $125,000 of               
          gain from the sale of a principal residence for an individual who           
          has attained age 55, if "during the 5-year period ending on the             
          date of the sale or exchange, such property has been owned and              
          used by the taxpayer as his principal residence for periods                 
          aggregating 3 years or more."  Sec. 121(a)(2) (emphasis added),             
          (b)(1).  The parties are in agreement that petitioner met the age           
          requirement and used at least a portion of the Solomons house as            
          his principal residence for the requisite period.  However, the             
          Solomons house was owned by Solomons, not by petitioner.  Thus,             
          section 121 is not applicable to petitioner here.                           
               Section 1034(a) provides for rollover of gain on the sale of           
          a principal residence:                                                      
               If property (in this section called "old residence")                   
               used by the taxpayer as his principal residence is sold                
               by him and, within a period beginning 2 years before                   
               the date of such sale and ending 2 years after such                    
               date, property (in this section called "new residence")                
               is purchased and used by the taxpayer as his principal                 
               residence, gain (if any) from such sale shall be                       
               recognized only to the extent that the taxpayer's                      
               adjusted sales price (as defined in subsection (b)) of                 
               the old residence exceeds the taxpayer's cost of                       
               purchasing the new residence.                                          
          Again, the parties are in agreement that petitioner used at least           
          a portion of the Solomons house as his principal residence and              
          that petitioner purchased a "new residence" within the requisite            
          period.  Respondent argues that petitioner has not substantiated            
          the amount of the gain allocable to the portion used as a                   
          residence and that petitioner did not own the Solomons house and,           




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Last modified: May 25, 2011