- 5 - remained in the original home. At the time of trial, petitioner had been working on the project for more than 6 years, and the date of completion remained uncertain. OPINION We must decide whether petitioners’ expenditures in constructing a separate structure for future residential use are properly included as part of the cost of their new principal residence for purposes of section 1034. If so, petitioners are entitled to defer recognition of gain on the sale of their former residence. If not, petitioners are liable for the deficiency determined by respondent. Petitioners contend that the separate structure should be viewed as an addition, albeit detached, to their existing residence. Further, petitioners assert that a mere addition or capital improvement to an established new residence need not be placed into actual residential use in order for costs incurred in its construction to be added to the total purchase price for purposes of section 1034. Conversely, respondent contends that failure by petitioners to use the separate structure as a principal residence within the statutory time period defeats their attempt to have costsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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