Gary B. and Kathleen Mitchell - Page 12

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               From our perspective, the disparity between respondent's               
          circumstantial evidence and the petitioners' evidence is due to             
          petitioners' attempt to show that the improvements to the Fairway           
          residence were begun and/or completed prior to June 21, 1990.               
          Petitioners make this argument in order to rollover additional              
          gain in the amount of $112,4704 in improvements to Fairway.  By             
          contending that they continuously used the Fairway residence from           
          May 1990 on, petitioners counter one of respondent's arguments              
          that the Fairway residence was uninhabitable due to the extensive           
          improvements and disruption to the property.  In an attempt to              
          show that the Fairway residence's improvements were begun prior             
          to June 21, 1990, petitioners contended that they had moved into            
          the Fairway residence and stayed there throughout the period                
          under consideration.  This contention is apparently to give the             
          appearance that the Fairway residence did not need or undergo               
          extensive renovations after June 21, 1990.                                  
               Although petitioners had purchased what they intended to be            
          the permanent replacement residence (Fairway) 7 months before the           
          June 21, 1990, deadline under section 1034, the Fairway residence           
          was older and in need of extensive internal renovations.                    
          Petitioners were at all times acutely aware of the deadline and             
          attempted to make plans to improve the Fairway residence prior to           


               4 The $112,470 would represent nearly one-half of a $238,380           
          gain realized on the Freemont property for which petitioners seek           
          rollover under sec. 1034.                                                   




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