- 3 - attachments for 1989 (original joint return). The original joint return was timely filed pursuant to an extension. Katz & Katz, Certified Public Accountants, of Brooklyn, New York (Katz & Katz), prepared the original joint return. Petitioner and Apostle signed the original joint return. The original joint return included Form 2119, Sale of Your Home. Although neither petitioner nor Apostle was eligible to claim the one-time exclusion of $125,000 from the gain on the sale of the New York apartment under section 121, this exclusion was claimed on Form 2119. Petitioner knew that she was not eligible to claim the section 121 exclusion at the time that the original joint return was filed. In addition to claiming the section 121 exclusion on Form 2119, petitioner and Apostle elected to defer recognition of a portion of the gain realized on the sale of the New York apartment under section 1034. The return reported that they bought a new principal residence for $245,000 during the replacement period provided under section 1034. Petitioner and Apostle did not purchase any property that would have qualified as replacement property under section 1034 during the replacement period. By claiming the section 121 exclusion and making the section 1034 election on Form 2119, petitioner and Apostle recognized only $288,000 of the $564,000 gain realized on the sale of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011