- 25 - section 62(a)(1) provides that such deductions, being attributable to petitioner’s employment, are allowable as itemized deductions from adjusted gross income. See sec. 63(a). Accordingly, we find that subject to certain limitations, petitioner is entitled to deduct itemized employee deductions on Schedules A of $289,926 for 1987 and $135,000 for 1988. V. Sale of Residence Under former section 1034,10 which was in effect for petitioner’s 1987 tax year, taxpayers were able to defer gain realized from the sale of their principal residence if they purchased a replacement residence and met certain other conditions. Section 1034, in pertinent part, provided: SEC. 1034(a). Nonrecognition of Gain.–-If property (in this section called “old residence”) used by the taxpayer as his principal residence is sold by him and, within a period beginning 2 years before the date of such sale and ending 2 years after such date, property (in this section called “new residence”) is purchased and used by the taxpayer as his principal residence, gain (if any) from such sale shall be recognized only to the extent that the taxpayer’s adjusted sales price (as defined in subsection (b)) of the old residence exceeds the taxpayer’s cost of purchasing the new residence. Respondent’s sole contention with regard to the sale of petitioner’s residence is that if petitioner abandoned the Walnut Creek residence and had a new “principal residence” before the 10 Sec. 1034 was repealed in connection with the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 312(a) and (b), 111 Stat. 836, 839.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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