- 22 - not apply here because respondent concedes that the real property petitioners exchanged was of like kind. Respondent contends that petitioners' subcontract with Bolton Landfill to remove sand was a joint venture between petitioners and Dakic and contends that this establishes that petitioners exchanged unmined sand. We disagree; petitioners and Dakic did not have a joint venture. Respondent contends that we should decide whether petitioners transferred assets other than land to the buyers based on the substance of the transfer and not its form. We disagree that the substance of this transaction differs from its form. We conclude that the unmined sand was not stock in trade or property held primarily for sale for purposes of section 1031. D. Conclusion We conclude that petitioners conveyed only land and no other assets in exchange for property worth $1.2 million. Petitioners are entitled to defer recognition of gain on the $1.2 million because they received like-kind property in exchange. Sec. 1031. To reflect the foregoing, Decision will be entered for petitioners.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Last modified: May 25, 2011