- 11 - the 23d Street property. Mr. Johnson relocated to the Lancaster Auto Mall immediately upon vacating the 23d Street property. Petitioners' 1992 Tax Returns Petitioners filed a Form 4868, 1992 Application for Automatic Extension of Time to File U.S. Individual Income Tax Return. On April 15, 1993, respondent received the Form 4868. On August 13, 1993, petitioners filed their 1992 tax return. OPINION I. Section 1033 As a general rule, gain realized from the sale or other disposition of property must be recognized. Sec. 1001(c). Section 1033 provides an exception to this rule. If property, as a result of condemnation or threat or imminence thereof, is compulsorily or involuntarily converted into money, no gain shall be recognized if (1) the taxpayer elects nonrecognition treatment, (2) the taxpayer purchases property similar or related in service or use to the property converted within the statutory time limit, and (3) the cost of the replacement property equals or exceeds the amount realized on the conversion. Sec. 1033(a). Section 1033 is a relief provision enacted to allow a taxpayer to replace property involuntarily converted without recognizing any gain resulting from that conversion. John Richard Corp. v. Commissioner, 46 T.C. 41, 44 (1966). As a relief provision, this section is construed liberally to achievePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011