-4- Notice of Deficiency In the notice of deficiency, respondent determined that petitioners' like-kind exchange of properties in Wisconsin for property in Tennessee did not qualify as a section 1031 nontaxable exchange because the statutory time requirement for completion of the exchange was not met. Accordingly, respondent determined that petitioners had ordinary income of $16,266 and capital gain of $82,288 for 1993 arising from this exchange. OPINION Petitioners contend that although they attempted to adhere to the section 1031 requirements, an event beyond their control (i.e., the seller of one of the replacement properties--Campbellsville Pike property--canceled the sale 1 day prior to the date set for closing) prevented them from receiving the replacement property within the prescribed 180-day period for receiving like-kind property. Respondent argues that because petitioners received the replacement property beyond the prescribed 180-day period, petitioners' exchange does not qualify for the like-kind treatment; and, as a consequence, petitioners must recognize as income the gain attributable to the sale of the 99th Street and West Center Street properties. Section 1001 generally requires recognition of the entire amount of gain or loss on the sale or exchange of property. Section 1031(a)(1), however, provides for the nonrecognition of such gain or loss on "the exchange of property held for productivePage: Previous 1 2 3 4 5 6 7 Next
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