- 15 - property held for productive use in a trade or business or for investment.6 However, the nonrecognition treatment of section 1031(a) does not apply to any exchange of "property held primarily for sale". Sec. 1031(a)(2)(A). The test of whether property is held primarily for sale or for investment is applied at the time of the exchange. See Cottle v. Commissioner, 89 T.C. 467, 487 (1987). Petitioner bears the burden of proving that it had the requisite investment intent. Click v. Commissioner, 78 T.C. 225, 231 (1982). Respondent argues that the transaction fails to qualify under section 1031 because petitioner held the Exchange Property primarily for sale.7 Petitioner argues that it held the Exchange Property for investment. Consequently, our focus is solely upon the characterization of the Exchange Property. For purposes of section 1031, neither the Code nor the regulations define "held for investment." The regulations provide that "[u]nproductive real estate held by one other than a 6 Sec. 1031(a)(1) provides: In General--No gain or loss shall be recognized on the exchange of property held for productive 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. 7 Respondent has not challenged the applicability of sec. 1031 on any other ground.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011