- 12 - transactions) structured to avoid the purposes of this subsection [(f)].” Inasmuch as the statute does not directly identify or describe the purposes of subsection (f), we turn our attention to the legislative history. III. Legislative History: Purposes of Section 1031(f) Property acquired in a like-kind exchange generally takes the basis of the property relinquished. See sec. 1031(d). In other words, there is a “shifting” of tax basis between the relinquished property and the replacement property. See H. Conf. Rept. 101-386, at 613 (1989). Before 1989, Congress was concerned that because of this basis-shifting effect, “related parties * * * engaged in like- kind exchanges of high basis property for low basis property in anticipation of the sale of the low basis property in order to reduce or avoid the recognition of gain on the subsequent sale.” H. Rept. 101-247, at 1340 (1989). In effect, because of basis shifting, related persons were able to “cash out” of their investments in property having an inherent gain at relatively little or no tax cost. See id. Also, in some cases, basis shifting allowed related persons to accelerate a loss on property that they ultimately retained. See id. Responding to these perceived abuses, Congress concluded that “if a related party exchange is followed shortly thereafter by a disposition of the property, the related parties have, in effect, ‘cashed out’ ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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