David A. and Marilyn P. Knight - Page 4

                                         -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 productive          




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