- 19 - gross income under section 121. However, on their second Form 2119, filed May 26, 1998, petitioners reported the purchase price of their new principal residence and notified respondent of their election to exclude $125,000 of gain under section 121 and to defer recognition of the balance of the gain under section 1034. Under the circumstances, the filing of petitioners’ second Form 2119 on May 26, 1998, satisfied the notice requirement under section 1034(j)(1)(A) and initiated the running of the 3-year period of limitations on assessment with regard to both petitioners’ election to exclude $125,000 of gain from their gross income under section 121 and their claim to defer recognition of the balance of the gain under section 1034(a). See sec. 1.1034-1(i)(2), Income Tax Regs. It follows that the 3-year period of limitations remained open on March 20, 2001--the date the notice of deficiency in this case was issued to petitioners. Consistent with the foregoing, we shall deny petitioners’ motion for partial summary judgment. To reflect the foregoing, An order will be issued denying petitioners’ motion for partial summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Last modified: May 25, 2011