- 22 - In arguing that the properties are of like kind, petitioners rely in part on Commissioner v. Crichton, 122 F.2d 181 (5th Cir. 1941), which held that an undivided fractional interest in mineral rights on unimproved country land was of like kind to undivided interests in improved city lots. Petitioners cite Crichton for the proposition that section 1031 is to be liberally construed to effect legislative intent and that the only distinction that would justify disqualification must be “the broad one between classes and characters of properties, for instance, between real and personal property.” Id. at 182; see also sec. 1.1031(a)-1, Income Tax Regs.9 Petitioners argue that 9 In pertinent part, sec. 1.1031(a)-1, Income Tax Regs., provides as follows: (b) Definition of “like kind.” As used in section 1031(a), the words “like kind” have reference to the nature or character of the property and not to its grade or quality. One kind or class of property may not, under that section, be exchanged for property of a different kind or class. The fact that any real estate involved is improved or unimproved is not material, for that fact relates only to the grade or quality of the property and not to its kind or class. Unproductive real estate held by one other than a dealer for future use or future realization of the increment in value is held for investment and not primarily for sale. * * * (c) Examples of exchanges of property of a “like kind.” No gain or loss is recognized if * * * (continued...)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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