Rowland G. and Valerie J. Pilaria - Page 13




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          residence for periods aggregating 3 years or more of the 5-year             
          period ending on the date of the sale or exchange and if the                
          taxpayer attained the age of 55 before the date of the                      
          transaction.  Gain from a sale or exchange of property is subject           
          to deferral under section 1034 if the property was used by the              
          taxpayer as his principal residence and the taxpayer acquires a             
          new principal residence within the 2-year period preceding or               
          following the sale of the old residence.                                    
               Just as section 1034(a) grants the taxpayer an extended                
          period to complete a section 1034 transaction with the                      
          acquisition or construction of a new residence, section 1034(j)             
          in turn grants the Commissioner an extended period of time within           
          which to assess any deficiency attributable to gain from the sale           
          or exchange property that the taxpayer has characterized as his             
          principal residence.                                                        
               Contrary to petitioners’ position, the statutory scheme does           
          not suggest that Congress intended bifurcated examinations of               
          section 1034 transactions.  In other words, rather than require             
          the Commissioner to conduct one examination to determine whether            
          the property sold was the taxpayer’s principal residence and a              
          second examination to determine whether the property purchased              
          qualifies as a new principal residence, section 1034(j) permits             
          the Commissioner to examine all aspects of the transaction at               
          once.  In this regard, section 1034(j)(1) plainly provides that             






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