Craig F. and Lynn M. Rehberg - Page 8

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          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 L. 105-34, 111 Stat. 839, repealed the sec. 1034                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.                                                





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