- 7 - properties pursuant to section 1031(a). Generally, a taxpayer must recognize gain or loss on the sale of real property. Sec. 1001(c). However, section 1031(a) provides for the deferral of gain or loss when there is an exchange of like-kind business or investment properties, as distinguished from a cash sale of property by the taxpayer and a reinvestment of the proceeds in other property. Barker v. Commissioner, 74 T.C. 555, 561 (1980). Petitioner contends that his sale of the Monroe Road and Seventh Street properties and subsequent purchase of the East Boulevard property qualifies as a nontaxable exchange under section 1031(a). Respondent contends that those transactions do not qualify because (1) petitioner did not identify the replacement property within 45 days of the sale of the relinquished properties; (2) petitioner received the proceeds from the sale of the relinquished properties; and (3) the sales and purchase were not an "exchange" as required by section 1031(a). Respondent's determinations are presumed correct, and petitioner bears the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner must rebut all three of respondent's arguments to qualify under section 1031(a). B. Identification Requirement Section 1031(a)(3)(A) requires replacement property to be identified within 45 days after the date the taxpayer transfersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011