James P. De Ocampo and Marla L. De Ocampo - Page 6

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          principal residence within 2 years of the sale of the former                
          residence.  Respondent argues that the Montclair property was               
          purchased by Mr. De Ocampo's parents, not petitioners, and                  
          therefore section 1034 is not applicable.                                   


               Section 1034 has been strictly construed.  See, e.g., Boesel           
          v. Commissioner, 65 T.C. 378, 390 (1975); Lokan v. Commissioner,            
          T.C. Memo. 1979-380; Bazzell v. Commissioner, T.C. Memo. 1967-101.          
          Maintaining continuity of title is the key to receiving                     
          nonrecognition treatment under section 1034.  Starker v. United             
          States, 602 F.2d 1341, 1351 (9th Cir. 1979); Allied Marine Sys.,            
          Inc. v. Commissioner, T.C. Memo. 1997-101; see also Edmondson v.            
          Commissioner, T.C. Memo. 1996-393.  In Marcello v. Commissioner,            
          380 F.2d 499 (5th Cir. 1967), affg. on this issue T.C. Memo. 1964-          
          299, the taxpayers, husband and wife, sold their principal                  
          residence and moved into a new principal residence, legal title to          
          which was acquired by the husband's mother.  In an unrecorded               
          affidavit, the mother stated that she held title to the residence           
          for convenience only, that the residence was purchased by and for           
          her son, who paid the purchase price, and that she would convey the         
          property to him whenever required to do so, for no consideration.           
          The mother held the mortgage on the property, but her son made the          
          payments.  The Court of Appeals for the Fifth Circuit agreed with           
          this Court that the taxpayers did not qualify under section 1034            
          for deferral of gain realized from the sale of their former                 




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