James P. De Ocampo and Marla L. De Ocampo - Page 8

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          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 in                   




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