Larry L. Beeler and Cynthia J. Beeler - Page 22

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            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.                         








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