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