- 7 - purchase of one liquor store and their subsequent sale of another constituted two independent events, rather than a section 1031 exchange). Petitioners contend that they never would have sold the Pacific Grove property except for their need to generate funds to improve the Big Sur property, and that hence the two transactions were interdependent. We question the premises and disagree with the conclusion. While petitioners may have viewed the sale of the Pacific Grove property as a source of revenue to finance construction on the Big Sur property, a year prior to the sale of the Pacific Grove property they were able to borrow against their personal line of credit to make a cash downpayment on the Big Sur property. Moreover, they began construction on the Big Sur property 9 months prior to the Pacific Grove sale. In any event, neither the petitioners’ financial motivation for selling the Pacific Grove property nor their application of the sales proceeds operates to transform the independent purchase and sale transactions into an exchange. See Anderson v. Commissioner, T.C. Memo. 1985-205. Likewise, it is of no material significance that the Elvins agreed that the money consideration for their purchase of the Pacific Grove property should be deposited into petitioners’ Provident Central Credit Union account. Indeed, it is difficult to imagine what difference it could have made to the Elvins.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011