- 12 - its purpose. Filippini v. United States, 318 F.2d 841, 844 (9th Cir. 1963); John Richard Corp. v. Commissioner, supra at 44. Respondent concedes that (1) petitioners have made the election, (2) petitioners purchased 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 equaled or exceeded the amount realized on the conversion. The only issue is whether Lancaster made a "threat of condemnation" regarding the 23d Street property. A "threat of condemnation" exists if (1) the body threatening condemnation possesses the power of eminent domain, (2) the property owner is told by an official of the threatening body that condemnation will be sought unless the owner negotiates a sale or exchange of the property, and (3) the information conveyed to the owner gives the owner reasonable grounds to believe that the threat was authorized and likely to be carried out unless a sale or exchange is arranged. Tecumseh Corrugated Box Co. v. Commissioner, 94 T.C. 360, 376-377 (1990), affd. 932 F.2d 526 (6th Cir. 1991); Maixner v. Commissioner, 33 T.C. 191, 195 (1959); Dominguez Estate Co. v. Commissioner, T.C. Memo. 1963-112; Carson Estate Co. v. Commissioner, T.C. Memo. 1963-90. The existence of a threat of condemnation is judged from the seller's perspective taking into account all facts known at the time of sale. Tecumseh Corrugated Box Co. v. Commissioner,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011