- 6 - T.C. Memo. 1979-380; Bazzell v. Commissioner, T.C. Memo. 1967-101, and the key to nonrecognition afforded therein turns on maintaining continuity of title, Starker v. United States, 602 F.2d 1341, 1351 (9th Cir. 1979); Allied Marine Sys., Inc. v. Commissioner, T.C. Memo. 1997-101; see also Edmondson v. Commissioner, T.C. Memo. 1996-393. When an individual disposes of his or her residence, the new residence must be placed in the taxpayer's name to defer gain under section 1034. Marcello v. Commissioner, 380 F.2d 499, 502 (5th Cir. 1967), affg. on this issue and remanding on other issues T.C. Memo. 1964-299 (gain recognized where title to the new residence was placed in the name of the taxpayer's mother); Snowa v. Commissioner, T.C. Memo. 1995-336 (gain recognized where the divorced taxpayer purchased a new residence where the title to the new residence was jointly placed in the names of the taxpayer and her new spouse and the taxpayer's cost of purchasing her interest in the new residence exceeded the adjusted sale price for her interest in the old residence); May v. Commissioner, T.C. Memo. 1974-54 (gain recognized where title to the new residence was placed in the name of the taxpayer's daughter); see also De Ocampo v. Commissioner, T.C. Memo. 1997-161; sec. 1.1034-1(b)(9), Income Tax Regs. If there is a shift in title from the taxpayer to someone other than the taxpayer, nonrecognition under section 1034 is usually denied. Marcello v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011