D. G. Smalley and Nell R. Smalley - Page 2




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               David D. Aughtry and Brett W. Beveridge, for petitioners.              
               David R. MacKusick, for respondent.                                    


               THORNTON, Judge:  Respondent determined a $139,180                     
          deficiency in petitioners’ joint 1994 Federal income tax.  After            
          concessions, the sole issue for decision is whether petitioners             
          are required to recognize income in 1994 as the result of a                 
          deferred exchange that petitioner husband (petitioner) entered              
          into in 1994 and that was completed in 1995.                                
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for taxable year 1994.  Rule            
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts, which we                
          incorporate in our findings by this reference.                              
               When they filed their petition, petitioners resided in                 
          Dublin, Georgia.                                                            
               In the 1960’s, petitioner acquired some 275 acres of                   
          timberland in Laurens County, Georgia.  By 1994, some of the                
          timber on this land had reached maturity.  After attending a                
          seminar on timber exchanges presented by a well-known timber                
          taxation expert and after consulting with his longtime certified            
          public accountant, petitioner decided to undertake an exchange of           
          standing timber for additional acreage containing standing                  





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