- 9 - Under the general rule of section 1001(c),6 petitioner is required to recognize the gain on the sale of the Livermore property. However, pursuant to section 1034(a),7 a taxpayer may defer gain from the sale of a principal residence provided such gain is rolled over to a new principal residence within the time prescribed in the statute. Section 1034(a) provides that a taxpayer must recognize gain from the sale of his principal residence only to the extent the adjusted sales price8 of that 6 Sec. 1001(c) provides in pertinent part as follows: (c) Recognition of Gain or Loss.--Except as otherwise provided in this subtitle, the entire amount of the gain or loss, determined under this section, on the sale or exchange of property shall be recognized. 7 Sec. 1034(a) provides in pertinent part as follows: (a) Nonrecognition of Gain.--If property (in this section called "old residence") used by the taxpayer as his principal residence is sold by him and, within a period beginning 2 years before the date of such sale and ending 2 years after such date, property (in this section called "new residence")is purchased and used by the taxpayer as his principal residence, gain (if any) from such sale shall be recognized only to the extent that the taxpayer's adjusted sales price (as defined in subsection (b)) of the old residence exceeds the taxpayer's cost of purchasing the new residence. 8 Sec. 1034 (b) provides in pertinent part as follows: (b) Adjusted Sales Price Defined -- (1) In general--For purposes of this section, the term "adjusted sales price" means the amount realized, reduced by the aggregate of the expenses for work performed on the old residence in order to assist in its sale. (2) Limitations--The reduction provided in paragraph (1) applies only to expenses-- (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011