- 10 - 5 years immediately before the sale. For 1993, section 10349 required a taxpayer, in certain circumstances, to defer recognition of gain realized on the sale of the taxpayer's old principal residence if a new residence is purchased and used by the taxpayer as a new principal residence within the period beginning 2 years before the date of the sale and ending 2 years after the date. There is insufficient information in the record that would allow for the application of section 121 to the sale of the condominium. It cannot be determined whether petitioner used the condominium as his principal residence for the requisite period or whether he met the age requirement. Likewise, there is insufficient information in the record that would allow for the application of section 1034 to the sale of the condominium. It cannot be determined whether petitioner purchased and used as his residence a new principal residence within the period beginning 2 years before the date of the sale and ending 2 years after the date. Because we cannot find that the requirements of either section 121 or section 1034 have been met, the gain petitioner realized from the sale of the condominium is includable in his 1993 income, and we so hold. 9 Sec. 1034 was repealed by TRA 1997 sec. 312(b), 111 Stat. 839, generally effective for sales and exchanges of principal residences after May 6, 1997. The sec. 1034 rollover provision was replaced by an expanded and revised sec. 121.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011