-7- residence. The Court of Appeals stated: Congress intended to enable homeowners to use the sales proceeds from a sale of the old residence for buying their own home. The purpose of Section 1034 was not to permit a taxpayer to re-invest the proceeds from the sale of his home in the home of another person without recognizing for federal income tax purposes the gain realized by the sale. The clear statutory language requires that a new residence be purchased and used by the taxpayer. That the residence must be owned by the taxpayer is made evident by the exception in subsection (g) of Section 1034 permitting either the husband or the wife to hold the residence in his or her name. If a third party owns the residence, the purchase requirements are not met. Id. at 502 (fn. refs. omitted). In May v. Commissioner, T.C. Memo. 1974-54, the taxpayer received proceeds from the disposition of her principal residence pursuant to a divorce settlement. She gave a portion of the proceeds to her daughter, who used the money as a downpayment on three houses, and the taxpayer spent some of the proceeds on improvements to her daughter's houses. The taxpayer advanced the money to her daughter so that the taxpayer's ex-husband would not know the taxpayer's whereabouts or what property was acquired with the funds. She also did not want the property to become part of her estate. The taxpayer claimed that the gain from the sale of her interest in her former residence should be deferred under section 1034 to the extent the proceeds were used to acquire additional residential property and make improvements. We disagreed and held that the taxpayer was not entitled to deferral of gain because the property was purchased by her daughter, whoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011