- 5 - beginning 2 years before the date of the sale and ending 2 years after that date. Section 1034(a) provides that gain is recognized only to the extent that the individual's adjusted sale price of the old residence exceeds his or her cost of purchasing the new residence. Petitioner did not replace the Goleta Property within the 4-year statutory period. Although petitioner alleges that he did because Rueben Moreno bought the Tamarac Property on petitioner's behalf, we are not persuaded that such was the case. The name of Rueben Moreno appeared on all of the documents surrounding the closing of the Tamarac Property, Rueben Moreno was the only person liable on the underlying debt, and Rueben Moreno was the only person listed on the original deed. It is also relevant that petitioner declared on his 1992 tax return that he had not yet purchased a property to replace the Goleta Property, and that Rueben Moreno had purchased the Tamarac Property before petitioner's 1992 return was filed. The record does not support petitioner's allegation that he was "on disability" at the time that Rueben Moreno purchased the Tamarac Property. In any event the fact remains that it was Rueben Moreno who made the purchase. Even if we were to find that Rueben Moreno purchased the Tamarac Property for petitioner's benefit, which we do not, petitioner would still be outside the scope of section 1034. Section 1034 is strictly construed, see, e.g., Boesel v. Commissioner, 65 T.C. 378, 390 (1975); Lokan v. Commissioner,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011