- 2 - memoranda, affidavits, and exhibits attached to the affidavits. The parties do not dispute the material facts in the affidavits or the authenticity of the exhibits attached to the affidavits. Respondent did not request a hearing. Although petitioners requested a hearing, we conclude that a hearing is not necessary to properly decide the motion. Rule 232(a)(3). Unless otherwise indicated, section references are to the Internal Revenue Code. References to section 7430 are to that section as amended by section 1551 of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, 2752 (effective for proceedings commenced after Dec. 31, 1985) and by section 6239(a) of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3743-3746 (effective with respect to proceedings commenced after Nov. 10, 1988). Rule references are to the Tax Court Rules of Practice and Procedure. Background Petitioners are married and lived in Florida when they filed their petition in this case. The primary issue in the underlying case, Beeler v. Commissioner, T.C. Memo. 1997-73, was whether petitioners' disposition of 76.5 acres of land in Pasco County, Florida, qualified for treatment as a like-kind exchange under section 1031. Respondent determined in the notice of deficiency and contended throughout the case that some or all of the gainPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011