Terry D. Smith - Page 7

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          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 transfers             








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