- 7 - notice of deficiency for 1994 or otherwise have an opportunity to dispute their unpaid liability for that year. Consequently, we shall review de novo. Sego v. Commissioner, 114 T.C. 604, 610 (2000). For the year in issue, section 1034(a) provides, in general, for the complete nonrecognition of gain if the replacement residence having a cost at least equal to the adjusted sale price of the old residence was purchased within 2 years before or after the sale of the old principal residence.11 Section 1034(j) governs the statutory period for the assessment of any deficiency attributable to a gain from the sale of a taxpayer’s primary residence. Section 1034(j) provides, in pertinent part, as follows: (1) the statutory period for the assessment of any deficiency attributable to any part of such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- * * * * * * * (B) the taxpayer’s intention not to purchase a new residence within the period specified in subsection (a), or 11 Sec. 312(b) of the Taxpayer Relief Act of 1997 (TRA 1997), Pub. L. 105-34, 111 Stat. 839, repealed the sec. 1034 rollover provision generally effective for sales and exchanges of principal residences after May 6, 1997. TRA 1997 sec. 312(a), 111 Stat. 836, replaced the sec. 1034 rollover provision with a revised and expanded sec. 121 generally effective for sales and exchanges after May 6, 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011