Shizuo George Kurata - Page 10

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            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 his                                






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