Evelynn S. Stilz - Page 3




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          complete nonrecognition of gain if a replacement residence having           
          a cost at least equal to the adjusted sale price of the old                 
          principal residence was purchased within 2 years before or after            
          the sale of the old principal residence.  Petitioner did not                
          purchase a replacement residence within the time allowed by                 
          section 1034(a).                                                            
               Petitioner did not file Federal income tax returns for the             
          tax years 1992 through 1996.  Petitioner had gross income in                
          excess of $35,000 in each of those years.                                   
                                       OPINION                                        
               Petitioner appears to argue that the Government is unjustly            
          enriching itself by assessing and collecting a tax on the sale of           
          her house because its sale and her inability to replace it were             
          the consequences of her ex-husband's actions and his failure to             
          provide adequate support.  While we sympathize with the                     
          predicament petitioner now finds herself in, the revenue statutes           
          provide no relief from paying tax on those grounds.                         
               Petitioner also seems to contend that either the fair market           
          value or the appraised value at the time of her divorce should be           
          used as the basis of the house in computing the gain realized.              



               1(...continued)                                                        
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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