-15- for 3 years. Petitioners contend that Schmitz erroneously checked that box. Petitioners did not call Schmitz to explain why he checked the box indicating that petitioners had not owned and used the W. 22d property for 3 years. Petitioners did not explain why they did not immediately correct the return when they noticed what Schmitz had done. Although this is not compelling evidence in isolation, it adds some weight to the other evidence that petitioners had not owned and used the Spokane property for 3 years when they sold it in 1992. See Bank of the West v. Commissioner, 93 T.C. 462, 468 (1989); Kenyatta Corp. v. Commissioner, 86 T.C. 171, 182 (1986), affd. per order 812 F.2d 577 (9th Cir. 1987); McShain v. Commissioner, 71 T.C. 998, 1010 (1979). 4. Conclusion Income tax provisions which exempt taxpayers under given circumstances from paying taxes or permit them to postpone taxes are strictly construed. Commissioner v. Baertschi, supra at 498- 499 (the taxpayer/sellers were not entitled to section 1034 deferral). We conclude that petitioners did not meet the statutory requirement that they own and use the Spokane property for 3 years. A taxpayer seeking to exclude gain on the sale of property must own and use that property as his or her principal residence for 3 years or more. Sec. 121(a)(2). Petitioners used the W. 22d property for more than 3 years. However, they did not bear enough of the benefits and burdens of ownership before titlePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011