- 10 - Commissioner, T.C. Memo. 1977-13 (citing Rev. Rul. 67-254, supra, with approval and allowing section 1033 treatment of conversion compensation funds used to construct a property similar to the converted property). Respondent has attempted to attack petitioners’ use of the funds received from Allstate by arguing that petitioners made improvements rather than replacements. Respondent first pointed out that petitioners replaced their Formica countertops with Corian, a more expensive material. However, petitioners explained that they were able to buy the Corian at cost so that it was less expensive than Formica. Respondent then alleged that petitioners had unnecessarily replaced trees on their property with the settlement proceeds. Petitioners countered, showing that the trees had to be moved due to the placement of the new retaining wall. Respondent then attempted to show that petitioners used the proceeds to replace clear glass with colored, but petitioners paid the $300 to color the glass out of their own pockets. Finally, respondent argued that petitioners had introduced air conditioning to the house though it had not previously been air conditioned. There is no cost breakdown of the $4,156.75 paid to replace the entire heating system and to add air conditioning. However, even if we were to assume that half of that amount was attributed to adding air conditioning, it would be less than 1 percent of the total estimated repair cost.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011