Rowland G. and Valerie J. Pilaria - Page 5




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          included in their gross income and subject to tax for 1995.3                
          Respondent concluded that petitioners were not eligible for the             
          tax benefits of section 121 or section 1034 because the Solvang             
          property was not their principal residence at the time it was               
          sold.                                                                       
               Petitioners filed with the Court a joint petition for                  
          redetermination.  The petition included the allegation that                 
          respondent’s determination that the Solvang property was not                
          petitioners’ principal residence at the time it was sold is                 
          barred by the general 3-year period of limitations under section            
          6501(a).  Respondent filed an answer to the petition including              
          the allegation that the deficiency, which is attributable to                
          respondent’s determination that the gain that petitioners                   
          realized on the sale of the Solvang property was includable in              
          their gross income for 1995, is subject to the period of                    
          limitations prescribed in section 1034(j).                                  
               As indicated, petitioners filed a motion for partial summary           
          judgment, to which respondent filed an objection.  The matter was           
          called for hearing at the Court’s motions session in Washington,            
          D.C.  Counsel for respondent appeared at the hearing and offered            


               3  Respondent determined that petitioners were required to             
          report a gain of $428,087 on the sale of the Solvang property as            
          follows:  Sale price ($530,000) minus expenses of sale ($18,413)            
          minus adjusted basis ($83,500).  As a consequence of the increase           
          in petitioners’ adjusted gross income, petitioners were subject             
          to related adjustments attributable to the phase-out of personal            
          exemptions and itemized deductions.                                         




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