- 10 - the one-time exclusion under the 1997 tax law. We agree with respondent. In general, TRA 1997 sec. 312(a), 111 Stat. 836, amended section 121 of the Internal Revenue Code to allow a taxpayer to exclude from income up to $250,000 ($500,000 for married individuals filing jointly) of gain on the sale of a residence. Further, TRA 1997 section 312(a) provided a prorated exclusion by reason of a change in place, health, or unforeseen circumstances. Section 312 of TRA 1997 is effective for sales and exchanges after May 6, 1997. TRA 1997 sec. 312(d), 111 Stat. 841. In the instant case, petitioners sold their home on October 19, 1994. Petitioners, however, did not purchase a replacement home because they exhausted their finances on Mrs. Rehberg’s medical bills. Petitioners contend that using the gain from the sale of their home to pay for medical expenses comports with the the intent of TRA 1997. Unfortunately, petitioners’ date of sale is well before May 6, 1997, which is the effective date of TRA 1997. Although we are sympathetic to petitioners’ plight, this Court is without authority to extend the effective date of TRA 1997 to afford petitioners the benefits provided under the statute. Buerer v. United States, 141 F. Supp.2d 611 (W.D.N.C. 2001) (denying relief to a taxpayer who sold her home on April 25, 1997); see, e.g., Henry v. Commissioner, T.C. Memo. 1982-469 n.2 (“the Courts are without authority to weigh the merits of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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