- 17 - Accordingly, we turn to consideration of that issue. D. Bona Fide Intent Test Section 1.1031(k)-1(j)(2)(iv), Income Tax Regs., provides: Bona fide intent requirement. The provisions of paragraphs (j)(2)(i) and (ii) of this section [which coordinate gain recognition rules under sections 453 and 1031 with respect to a deferred exchange involving a qualified escrow account, qualified trust, or qualified intermediary] do not apply unless the taxpayer has a bona fide intent to enter into a deferred exchange at the beginning of the exchange period. A taxpayer will be treated as having a bona fide intent only if it is reasonable to believe, based on all the facts and circumstances as of the beginning of the exchange period, that like-kind replacement property will be acquired before the end of the exchange period. In arguing that petitioner lacked the requisite bona fide intent, respondent takes issue only with whether it was reasonable for petitioner to believe that the property he relinquished and the properties he received in the subject transaction were of like kind within the meaning of section 1031. Respondent does not contend that petitioner otherwise failed to satisfy the requirements of section 1.1031(k)-1(j)(2)(iv), Income 6(...continued) equivalent held in the escrow account as provided in paragraph (g)(6) of this section. Furthermore, respondent has not contended that the subject transaction fails to meet any of the conditions for application of sec. 453, other than as relate to the satisfaction of the bona fide intent requirement of sec. 1.1031(k)-1(j)(2)(iv), Income Tax Regs.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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