- 12 - nonsimultaneous like-kind exchange, the taxpayer must identify replacement property to be received in the exchange within 45 days after the date the taxpayer transfers the property relinquished in the exchange. Sec. 1031(a)(3)(A). In this case, the 45-day period ended on October 6, 1989. The parties dispute whether petitioners timely identified either the Pleasant Hill or Skyland properties as replacement properties. Petitioners contend that they discussed Pleasant Hill and Skyland with each other during the identification period. Petitioners further allege that they drove by the properties while under construction and that petitioner husband toured the construction site and inquired about building plans with construction workers. Petitioners concede that they never indicated that they were interested in acquiring Pleasant Hill or Skyland to the prior owners of either property, their exchange intermediary/attorney, Mr. Clack, or any of their numerous real estate agents. Petitioners contend that identification of replacement property to each other was sufficient to meet the identification requirement of section 1031(a)(3)(A). Respondent contends that petitioners did not consider purchasing Pleasant Hill or Skyland during the identification period, and even if they did, petitioners did not adequately identify either property. Section 1031(a)(3) provides:Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011