- 4 - documents surrounding the purchase of the Tamarac Property because petitioner was "on disability" and unable to secure a mortgage in his own name. Petitioner further alleged that Rueben Moreno used petitioner's money as the downpayment on the Tamarac Property, and that he and Rueben Moreno intended for petitioner to own the Tamarac Property. The Court served petitioner on September 20, 1996, with a notice setting this case for trial at the trial session beginning on February 24, 1997, in San Diego, California. On February 24, 1997, petitioner's case was called for trial. Petitioner failed to appear either in person or by representative. Respondent's counsel appeared and submitted this case to the Court fully stipulated. At this time she informed the Court that a representative of petitioner had notified her that petitioner wanted to submit his case to the Court under Rule 122. By Order dated February 24, 1997, we directed the parties to file with the Court on or before March 26, 1997, memoranda of points and authorities. Respondent filed her memorandum of authorities with the Court on March 7, 1997. Petitioner did not filed a memorandum of points and authorities with the Court. Discussion Section 1034(a) allows an individual to defer the recognition of all or part of any gain realized on the sale of a principal residence if other property is purchased and used by the taxpayer as a new principal residence within the periodPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011