Randall L. Kirst and Mary M. Kirst - Page 5

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            that he paid for that interest exceeded the adjusted sales price                          
            of the Sepulveda property.                                                                
                  Respondent maintains that Mr. Kirst did not purchase a new                          
            principal residence within the meaning of section 1034.  In                               
            advancing this argument, respondent argues that petitioners are                           
            not entitled to nonrecognition treatment because Mr. Kirst did                            
            not obtain record title to the Newport Beach property during the                          
            replacement period.  We agree with respondent.                                            
                  Section 1034 is strictly construed.  See Boesel v.                                  
            Commissioner, 65 T.C. 378, 386 (1975); see also Lokan v.                                  
            Commissioner, T.C. Memo. 1979-380; Bazzell v. Commissioner, T.C.                          
            Memo. 1967-101.  If a taxpayer is to receive nonrecognition                               
            treatment under section 1034, it is essential that he or she                              
            maintain continuity of title.  Marcello v. Commissioner, 380 F.2d                         
            499, 502 (5th Cir. 1967), affg. on this issue and remanding on                            
            other issues T.C. Memo. 1964-299; Boesel v. Commissioner, supra;                          
            see also De Ocampo v. Commissioner, T.C. Memo. 1997-161; Allied                           
            Marine Sys., Inc. v. Commissioner, T.C. Memo. 1997-101; Edmondson                         
            v. Commissioner, T.C. Memo. 1996-393; Snowa v. Commissioner, T.C.                         
            Memo. 1995-336; May v. Commissioner, T.C. Memo. 1974-54; sec.                             
            1.1034-1(b)(9), Income Tax Regs.  This requirement operates to                            
            prevent taxpayers from enjoying the benefits of tax deferral                              
            while placing themselves in a position as nontitleholders to                              
            escape future recognition.  See Boesel v. Commissioner, supra at                          
            388.                                                                                      




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