James Triplett - Page 10




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          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               9  Sec. 1034 was repealed by TRA 1997 sec. 312(b), 111 Stat.           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.                           





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