- 18 - 77(b), 98 Stat. 596. These regulations, with their provisions for use of third-party “qualified intermediaries” as accommodation titleholders, who will not be considered the taxpayer’s agent in doing the multiparty deferred exchanges permitted by the regulations, have encouraged the growth of a new industry of third-party exchange facilitators. The subject transactions present a case of first impression in this Court. They reflect the effort of petitioner and his advisers to implement a so-called reverse exchange directly with WLC, without the participation of a third-party exchange facilitator. Reverse exchanges have been described as transactions in which the taxpayer locates and identifies the replacement property (and acquires it or causes it to be acquired on his behalf by an exchange facilitator) before he is ready to transfer the property to be relinquished in exchange. The preamble to the deferred exchange regulations, sec. 1.1031(k)-1, Income Tax Regs., made clear the Commissioner’s view that section 1031(a)(3) and the deferred-exchange regulations do not apply to reverse exchanges. See T.D. 8346, 1991-1 C.B. 150, 151. The Commissioner has recently responded to industry and practitioner requests for guidance5 by publishing a revenue 5 See, e.g., American Bar Association Section on Taxation, Committee on Sales, Exchanges and Basis, Report on the (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011