David A. and Marilyn P. Knight - Page 5

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          use in a trade or business or for investment if such property is            
          exchanged solely for property of like kind which is to be held              
          either for productive use in a trade or business or for                     
          investment."    For  transfers  after  July  18,  1984,  section            
          1031(a)(3), enacted as part of the Deficit Reduction Act of 1984,           
          Pub. L. 98-369, sec. 77(a), 98 Stat. 494, 595, governs deferred             
          like-kind exchanges.                                                        
               Section 1031(a)(3)(A) requires deferred replacement property           
          to be identified within 45 days after the date the taxpayer                 
          transfers the property relinquished in the exchange.  The parties           
          agree that petitioners satisfy this requirement.                            
               Section 1031(a)(3)(B) provides that the property received by           
          the taxpayer (the exchanged property) will not qualify for tax-free         
          treatment if the exchanged property is received after the earlier           
          of 180 days from the date the taxpayer transfers the property               
          relinquished in the exchange or "the due date (determined with              
          regard to extension) for the transferor's return of the tax imposed         
          by this chapter for the taxable year in which the transfer of the           
          relinquished property occurs".  Petitioners admit that the transfer         
          of the replacement property (Murfreesboro Road property) to                 
          petitioners occurred more than 180 days after they transferred              
          their interest in the two residential rental properties. Hence, it          
          is obvious that petitioners failed to satisfy the 180 day                   
          requirement of section 1031(a)(3)(B)(i).  See St. Laurent v.                
          Commissioner, T.C. Memo. 1996-150.  (We note that section                   




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