- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011