- 9 - (B) the taxpayer’s intention not to purchase a new residence within the period specified in subsection (a), or (C) a failure to make such purchase within such period; and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. Thus, the statutory period for the assessment of any deficiency attributable to any part of the gain realized on the sale or exchange of a taxpayer’s principal residence will not expire until 3 years after the Commissioner is notified of: (1) The taxpayer’s purchase of a new residence; (2) the taxpayer’s intention not to purchase a new residence within the period specified in section 1034(a); or (3) the taxpayer’s failure to purchase a new residence within the period specified in section 1034(a). Section 1034(l) provides a cross-reference to the one-time exclusion of gain under section 121. C. Section 121 Section 121, One-Time Exclusion Of Gain From Sale Of Principal Residence By Individual Who Has Attained Age 55, provides in pertinent part: SEC. 121(a). General Rule.–-At the election of the taxpayer, gross income does not include gain from the sale or exchange of property if--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