- 4 - SEC. 1034. ROLLOVER OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) Nonrecognition of Gain.--If property (in this section called “old residence”) used by the taxpayer as his principal residence is sold by him and, within a period beginning 2 years before the date of such sale and ending 2 years after such date, property (in this section called “new residence”) is purchased and used by the taxpayer as his principal residence, gain (if any) from such sale shall be recognized only to the extent that the taxpayer’s adjusted sales price (as defined in subsection (b)) of the old residence exceeds the taxpayer’s cost of purchasing the new residence. * * * * * * * (c) Rules for Application of Section.--For purposes of this section: * * * * * * * (2) A residence any part of which was constructed or reconstructed by the taxpayer shall be treated as purchased by the taxpayer. In determining the taxpayer’s cost of purchasing a residence, there shall be included only so much of his cost as is attributable to the acquisition, construction, reconstruction, and improvements made which are properly chargeable to capital account, during the period specified in subsection (a). The “cost of purchasing the new residence,” within the meaning of section 1034(a), includes only those costs under section 1034(c)(2) which are attributable to the construction of a structure which is put into use as a residence during the relevant time period. Elam v. Commissioner, 58 T.C. 238 (1972), affd. 477 F.2d 1333 (6th Cir. 1973). Thus, where taxpayers reside on a parcel of land in a temporary dwelling during the construction of a separate structure on the same parcel intendedPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011