-5- parents would cause the entire mortgage to become due. Petitioners did not consult with an attorney with regard to any of the aforementioned transactions. On November 5, 1993, Home Savings informed petitioners that it had changed the name on the loan from Mr. De Ocampo's parents to petitioners. Petitioners informed their tax return preparer that they did not hold title to the Montclair property. On Form 2119 (Sale of Your Home) attached to their 1989 return, petitioners reported the sale of the Curtis property; the selling price was shown to be $215,000, and expenses of sale as $477. Petitioners' basis in the property was shown as $65,736. Petitioners deferred recognition of the gain ($148,787) pursuant to section 1034. OPINION Issue 1. Sale of Residence Section 1034(a) permits deferral of gain on the sale of a taxpayer's principal residence (old residence) if other property is purchased and used by the taxpayer as a new principal residence within a period beginning 2 years before the date of the sale and ending 2 years after such date. Gain is recognized only to the extent that the taxpayer's adjusted sales price of the old principal residence exceeds the cost of purchasing the new residence. Id. Petitioners contend that they purchased the Montclair property using Mr. De Ocampo's parents as agents, thus satisfying the requirement of section 1034 that the taxpayer purchased a newPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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