Douglass H. and Suzanne M. Bartley - Page 7

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          residence is less than the cost of the new residence.  Sec.                 
          1034(a), (c).  Section 1034(b)(1) defines "adjusted sales price" as         
          the amount realized on the sale of the old residence (selling price         
          minus selling expenses) reduced by expenses of fixing up the                
          residence in preparation for sale.  Thus, if the cost of the new            
          residence equals or exceeds the adjusted sale price of the old              
          residence, the entire gain on the sale of the old residence must be         
          deferred. (We note that section 1034 is mandatory, so that a                
          taxpayer cannot elect to have gain recognized where the section is          
          applicable.  Sec. 1.1034-1(a), Income Tax Regs.)  If the cost of            
          the new residence is less than the adjusted sale price of the old           
          residence, gain must be recognized to the extent the adjusted sale          
          price of the old residence exceeds the cost of the new residence,           
          but not greater than the amount realized on the sale.  Sec. 1.1034-         
          1(a), Income Tax Regs.  The deferral of gain is accomplished by             
          reducing the basis of the new residence by the amount of gain not           
          recognized on the sale of the old residence (i.e., the unrecognized         
          gain is rolled over into a lower basis for the new residence).              
          Sec. 1034(e).  Finally, pursuant to section 1.1034-1(i)(1), Income          
          Tax Regs., any gain recognized from the sale of the old residence           
          is includable in gross income for the taxable year in which the             
          gain was realized.  (Section 1034 does not apply to losses; losses          
          are recognized or not recognized without regard to the provisions           
          of section 1034.)                                                           





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