Larry L. Beeler and Cynthia J. Beeler - Page 3

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          realized by petitioners from the exchange of the 76.5 acres did             
          not qualify for nonrecognition under section 1031 because                   
          petitioners exchanged assets other than land; i.e., certain                 
          business operating permits issued by Pasco County, goodwill,                
          going-concern value, and sand.  We found that petitioners did not           
          exchange assets other than the 76.5 acres of land.  The parties             
          to the transaction testified and the documents relating to the              
          transaction showed that petitioners transferred no assets other             
          than land.  Pasco County did not allow permit holders to transfer           
          their permits to buyers of their land.  We held that petitioners'           
          transfer of the land qualified as a like-kind exchange under                
          section 1031.                                                               
                                     Discussion                                       
          A.   Motion for Administrative and Litigation Costs                         
               Generally, a taxpayer who has substantially prevailed in               
          a Tax Court proceeding may be awarded reasonable administrative             
          and litigation costs.  Sec. 7430(a), (c).  To be entitled to an             
          award, the taxpayer must:                                                   
               1.  Exhaust administrative remedies.1  Sec. 7430(b)(1).                
          Respondent concedes that petitioners meet this requirement.                 





               1 This requirement does not apply to an award for reasonable           
          administrative costs.  Sec. 7430(b)(1).                                     




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