M. Michael Stewart - Page 9

                                        - 8 -                                         
          factual dispute.  Accordingly, the burden of proof does not play            
          a role in this regard.                                                      
          II.  Section 1031                                                           
               Section 1031 provides that no gain or loss is recognized               
          when business or investment property is exchanged solely for                
          other business or investment property of like kind.  A taxpayer             
          must satisfy a number of technical requirements to come within              
          the nonrecognition provisions of section 1031 including that                
          timing requirements are met regarding identification and receipt            
          of replacement property.  Sec. 1031(a)(3).  Here, there was no              
          replacement property, and petitioner withdrew the proceeds of               
          sale from the exchange company prior to forwarding the funds to             
          Graves.  Petitioner does not seriously argue that she complied              
          with the provisions of section 1031.  While she may have been               
          misled by Graves, it is clear that she did not satisfy any of the           
          provisions of section 1031.  Petitioner’s intent to exchange the            
          property and qualify for nonrecognition treatment is not                    
          sufficient to satisfy the statute.  See Biggs v. Commissioner,              
          632 F.2d 1171 (5th Cir. 1980), affg. 69 T.C. 905 (1978).                    
          Petitioner does not qualify for nonrecognition treatment, and               
          respondent is sustained on this issue.                                      
          III.  Theft Loss                                                            
               Section 165(a) provides a deduction for any loss sustained             
          during the taxable year not compensated for by insurance or                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011