- 10 - improvements made”, the court further declared that “We cannot in good conscience rewrite the statute as though it included the words ‘contractual liabilities incurred during the 18 months period.’” Id. In contrast, petitioners here contend that the completeness of the improvements is immaterial; rather, the only question is the amount paid in connection with capital improvements during the reinvestment period. Section 1034 case law, however, fails to support this view. There are no reported cases permitting inclusion of costs incurred for the construction of a separate structure not yet placed in residential use. Although in Mitchell v. Commissioner, T.C. Memo. 1997-493, cited by petitioners, the Court uses the terminology “commenced and/or completed” in its discussion of whether the cost of renovations could be included in a section 1034 calculation, the case is distinguishable because the Court decided that the improvements were not even commenced or paid for within the reinvestment period. The case law has denied nonrecognition treatment where expenditures were made for residential structures not yet occupied. For instance, in Elam v. Commissioner, 58 T.C. 238 (1972), affd. per curiam 477 F.2d 1333 (6th Cir. 1973), the taxpayers sold their former residence and purchased property on which they intended to build their new main residence and a guestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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