- 10 - proceeds received from the sale of the five units towards the purchase of qualifying replacement property located in Glendale, Arizona, on January 31, 1991, and, therefore, is entitled to nonrecognition of gain on the sale of the five units. Section 1033(a), among other things, allows nonrecognition of gain to the extent that proceeds received from the compulsory or involuntary conversion of property are used to purchase other property similar or related in service or use to the property so converted (qualifying replacement property). Involuntary conversions resulting from the destruction of property in whole or in part are specifically enumerated as a type of disposition that qualifies under the statute. Sec. 1033(a). “[C]onversions or sales of property where the owner had a choice of keeping the property or converting or selling it” do not qualify for nonrecognition treatment. C.G. Willis, Inc. v. Commissioner, 41 T.C. 468, 474 (1964), affd. 342 F.2d 996 (3d Cir. 1965). Therefore, petitioner must prove that, as a result of the destruction of the five units in whole or in part, the five units were involuntarily converted and that the purchase of property located in Glendale, Arizona, on January 31, 1991, constituted the purchase of qualifying replacement property. In this case, petitioner has failed to prove that the five units were destroyed in whole or in part as that phrase is used in section 1033(a). At trial, petitioner offered only hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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