-5- 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 sectionPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011