Rowland G. and Valerie J. Pilaria - Page 8




                                        - 8 -                                         
               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.                                                             
          In sum, gain realized upon the sale of a taxpayer’s principal               
          residence is subject to deferral under section 1034(a) if the               
          taxpayer acquires a new principal residence (at a cost equal to             
          or exceeding the sale price of the old residence) within the 2-             
          year period preceding or following the sale of the old residence.           
               Section 1034(j) provides an extended period for the                    
          assessment of a deficiency attributable to any gain realized on             
          the sale or exchange of a taxpayer’s principal residence.  In               
          contrast to section 6501(a), which provides that the period of              
          limitations on assessment generally expires 3 years after a tax             
          return is filed, section 1034(j) provides:                                  
                    SEC. 1034(j). Statute of Limitations.–-If the                     
               taxpayer during a taxable year sells at a gain property                
               used by him as his principal residence, then--                         
                         (1) the statutory period for the                             
                    assessment of any deficiency attributable to                      
                    any part of such gain shall not expire before                     
                    the expiration of 3 years from the date the                       
                    Secretary is notified by the taxpayer (in                         
                    such manner as the Secretary may by                               
                    regulations prescribe) of–-                                       
                              (A) the taxpayer’s cost of                              
                         purchasing the new residence which                           
                         the taxpayer claims results in                               
                         nonrecognition of any part of such                           
                         gain,                                                        





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011