- 3 - Form 1040, U.S. Individual Income Tax Return, for the taxable year 1994 (1994 tax return). On their 1994 tax return, petitioners excluded from gross income their $53,226 capital gain. By way of explanation, they attached Form 2119, Sale of Your Home, to their 1994 tax return. On Line 9 of Form 2119, petitioners marked “Yes” to the question: “If you haven’t replaced your home, do you plan to do so within the replacement period?”5 Petitioners, however, did not purchase a replacement home within the replacement period.6 On March 22, 2001, petitioners filed an amended return for the taxable year 1994. On the amended return, petitioners reported the $53,226 capital gain from the sale of their primary residence, and the tax due of $14,360 on the additional income. In Part II, Explanation of Changes to Income, Deductions, and Credits, of the amended 5 Instructions for Form 2119 set forth additional filing requirements, which state, in pertinent part: You must file Form 1040X, Amended U.S. Individual Income Tax Return, for the year of sale with the second Form 2119 attached if any of the following apply: * * * * * * * 2. You planned to replace your home when you filed your tax return but did not do so within the replacement period. 6 For the year in issue, the replacement period begins 2 years before the date of the sale of a taxpayer’s principal residence and ends 2 years after such date. Sec. 1034(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011