Terry D. Smith - Page 8

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          the property relinquished in the exchange.1  The parties dispute            
          whether petitioner identified the East Boulevard property within            
          45 days after he transferred the Monroe Road and Seventh Street             
          properties.  Petitioner contends that he orally identified the              
          East Boulevard property within 45 days after he transferred the             
          relinquished properties and points out that he saw no other                 
          property after he saw the East Boulevard property on February 27,           
          1990.  Respondent argues (1) that an oral identification is not             
          sufficient under section 1031(a)(3)(A), and (2) that even if an             
          oral identification is sufficient, petitioner failed to identify            
          replacement property, orally or otherwise, within 45 days.                  
             We are not convinced that petitioner identified the East                 
          Boulevard property within 45 days after February 5 or 14; i.e.,             
          by March 22 or 31.  This conclusion is supported by petitioner's            
          1990 tax return.  Petitioner reported on his 1990 tax return that           
          he identified the replacement property on April 1, 1990.  April             
          1, 1990, is the 55th day after petitioner sold the Monroe Road              
          property and the 46th day after he sold the Seventh Street                  
          property.  Statements in a tax return are admissions and will not           
          be overcome without cogent evidence that they are wrong.  Waring            

               1In May 1990, the Secretary proposed a regulation requiring            
          written identification of replacement property.  Sec. 1.1031(a)-            
          3(c), Proposed Income Tax Regs., 55 Fed. Reg. 20283 (May 16,                
          1990).  This section was adopted in 1991 as sec. 1.1031(k)-1(c),            
          Income Tax Regs., by T.D. 8346, 1991-C.B. 150, 156.  The                    
          regulation applies to transfers of property made on or after June           
          10, 1991.  At the time of the transactions in issue no                      
          regulations were in effect.                                                 




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