-8- took the deed in her name and signed the escrow instructions, the note for the balance of the purchase price, and a deed of trust securing the note. In Boesel v. Commissioner, supra, the taxpayers sought to add to the purchase price of their new principal residence the discounted present value of future ground lease payments for purposes of computing their cost of purchasing a new residence for the nonrecognition provisions of section 1034. In that case, the taxpayer-husband was transferred by his employer from New York to California. As a result of the transfer, the taxpayers purchased a home on land subject to a long-term lease. In computing the cost of the new residence, the taxpayers included the capitalized value of their future payments under the land lease. We therein stated that section 1034 permits nonrecognition of gain "only to the extent that a taxpayer continues to hold title in fee simple to property which is occupied as his principal residence". We held that the taxpayers were not entitled to include as part of the purchase price of their new residence the cost of the particular leasehold interest involved in that case. Id. at 386. We further stated: Embodied within the statutory language and authorities * * * requiring continuity of record title as a precondition to nonrecognition of gain under section 1034 is a desire to prevent taxpayers from enjoying the benefits of tax deferral (current nonrecognition) while placing themselves in a position (as nontitleholders) to escape future recognition altogether. Section 1034 was created to assist those taxpayers compelled to sell their old residences, due to family expansion or shifts inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011