Karen Y. Nielsen - Page 8

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            to acquisition cost from the ambit of the Internal Revenue Code.                           
            Therefore, because respondent also contends that the $65,000 was                           
            not such a supplemental relocation assistance payment,                                     
            respondent’s position is that to the extent the $65,000 exceeded                           
            petitioner’s basis in her residence, the difference is taxable as                          
            capital gain.  Respondent additionally argues that the $65,000                             
            fails to qualify for nonrecognition treatment under the                                    
            involuntary conversion or residential rollover provisions set                              
            forth in sections 1033 and 1034 of the Internal Revenue Code.                              
            (Section 1034 was repealed by section 312(b) of the Taxpayer                               
            Relief Act of 1997, Pub. L. 105-34, 111 Stat. 839, generally                               
            effective for sales and exchanges of principal residences after                            
            May 6, 1997.  The section 1034 rollover provision was replaced by                          
            a revised and expanded section 121.)                                                       
                  We agree with respondent that the $65,000 received by                                
            petitioner in condemnation of her residence is not a payment of a                          
            type exempted from taxation by the Relocation Act.  Furthermore,                           
            because petitioner apparently does not contend that                                        
            nonrecognition treatment pursuant to section 1033 or 1034 is                               
            warranted, we need not reach respondent’s position thereon.                                
            Petitioner made no attempt at trial or on brief to establish her                           
            entitlement to benefit from these sections and instead                                     
            characterized respondent’s argument regarding nonrecognition                               
            under the Internal Revenue Code as “immaterial in the Court’s                              






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