- 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 principalPage: 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