Gary B. and Kathleen Mitchell - Page 7

                                        - 7 -                                         
          The utility use at the Fairway residence, even though less in               
          amount than at the townhouse, tripled in the May - June 1990                
          period.  Likewise, telephone use records for July through                   
          November 1990 reflect that more calls were made from the                    
          townhouse during the predawn and evening hours than at the                  
          Fairway residence.  Although a relatively large number of daytime           
          calls were made from the Fairway residence, many of those calls             
          concerned the construction and improvements and could have been             
          made by the construction company.                                           
                              ULTIMATE FINDINGS OF FACT                               
               Petitioners used the Fairway residence as their principal              
          residence prior to June 21, 1990.  A total of $112,470 for                  
          improvements petitioners claimed to be commenced and/or                     
          completed, were not commenced or completed prior to June 21,                
          1990, and do not qualify for rollover of gain under section 1034.           
          Petitioners misrepresented the amount of basis or cost in the new           
          property and were negligent.                                                
                                       OPINION                                        
               The primary issue here is whether petitioners met the                  
          requirements of section 1034.  That section permits the rollover            
          or nonrecognition of gain on the sale of a principal residence if           
          a new residence "is purchased and used by the taxpayer as his               
          principal residence", in this case, within 2 years of the sale.             
          Sec. 1034(a).  Petitioners contend that they moved in and                   
          continuously used the Fairway residence as their principal                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011