- 13 - cost of the signs, who paid for them, or when those payments were made. We conclude that petitioners may not increase the basis in the Hoefgen Avenue property based on the future contract value of the two outdoor signs. C. Whether the Babcock Road and Warfield Drive Properties Qualify as Replacement Property for the Hoefgen Avenue Property Under Section 1033 1. Background and Contentions of the Parties A taxpayer who sells under threat of condemnation real property held for business use or investment may defer recognition of the gain if he or she buys property of like kind to the converted property within 3 years after the closing of the first taxable year in which any part of the gain from the sale is realized. See sec. 1033(a)(1), (g)(1), and (g)(4). Principles used for deciding whether an exchange is like kind under section 1031 also apply in deciding whether replacement property is property of a like kind under section 1033. See sec. 1.1033(g)- 1(a), Income Tax Regs. An exchange of a fee interest in real property for an interest in a partnership does not qualify as an exchange of like-kind property. See M.H.S. Co. v. Commissioner, T.C. Memo. 1976-165, affd. 575 F.2d 1177 (6th Cir. 1978); sec. 1.1031(a)-1(b), Income Tax Regs. 4(...continued) Inc. v. United States, 444 F.2d 677, 683-684 (5th Cir. 1971).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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