Gary B. and Kathleen Mitchell - Page 15

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          should be considered the principal one.  It was this aspect that            
          allowed respondent to make a presentation showing the potential             
          for petitioner's failure to meet the strict requirement of                  
          section 1034.  Ultimately, however, petitioners passed the                  
          threshold use test, and then proceeded to renovate necessitating            
          their use of the townhouse to allay the inconvenience and                   
          difficulties encountered in their renovation.  We hold that the             
          Fairway residence was used as petitioner's principal residence              
          prior to the 2-year limit on June 21, 1990.                                 
               We also note that petitioners, although well aware of the 2-           
          year limitation and even though they purchased what was to be               
          their permanent replacement residence 7 months prior to the 2-              
          year deadline, allowed matters to slip to the point where they              
          risked losing the benefit of any rollover whatsoever.  The timing           
          in this case placed petitioners in a precarious position where              
          they attempted to make it appear that renovations were commenced            
          and/or completed, when they were not.  By waiting until the very            
          end of the 2-year period, petitioners risked losing any section             
          1034 benefit.                                                               
               Respondent, in the event that we decide that petitioners met           
          the threshold test of section 1034 regarding the Fairway                    
          residence, alternatively argues that petitioners are not entitled           
          to treat $112,470 of the improvements made to the Fairway                   
          residence as part of the cost of that residence for purposes of             
          section 1034.  Section 1.1034-1(b)(7), Income Tax Regs., defines            




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