David A. and Marilyn P. Knight - Page 6

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          1031(a)(3)(B)(ii) does not apply herein because the due date for            
          petitioners' 1993 Federal income tax return was April 15, 1994,             
          which is later than  the  180  day  requirement.)  Thus,  the               
          Murfreesboro Road property is property which is not like-kind.              
               Petitioners assert they should not have to recognize gain on           
          the exchange because they made a good faith attempt to adhere to            
          the statute.  In essence, petitioners request that the Court ignore         
          the plain language of the statute and essentially rewrite it to             
          achieve what would be an equitable result. See Hildebrand v.                
          Commissioner, 683 F.2d 57, 58-59 (3d Cir. 1982), affg. T.C. Memo.           
          1980-532.  Although we are sympathetic to petitioners' plight, we           
          do not have jurisdiction to do as petitioners request.  Regrettably         
          for petitioners, this Court is not a court of equity and does not           
          possess general equitable powers.  Stovall v. Commissioner, 101             
          T.C. 140, 149-150 (1993) (citing Commissioner v. McCoy, 484 U.S. 3          
          (1987)); Woods v. Commissioner, 92 T.C. 776, 787 (1989).  The               
          Internal Revenue Code, not general equitable principles, is the             
          mainspring of this Court's jurisdiction.  Commissioner v. Gooch             
          Milling & Elevator Co., 320 U.S. 418, 422 (1943).                           
               Petitioners claim that Internal Revenue Service (IRS) should           
          take a more "citizen-friendly" position than respondent asserts             
          herein.  Petitioners philosophize that if circumstances beyond              
          their control prevent them from purchasing replacement property             
          within the 180-day period, then the time for acquiring replacement          
          property pursuant to section 1031 should be the same as the time            




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