Legal Opinion

Clapham v. Commissioner

United States Tax Court

Decided January 30, 1975No. Docket Nos. 2733-73, 2734-73PublishedCited by 22 opinions

Petitioners vacated their old residence in August 1966, moved to another city, and rented a house there until September 1968 when they purchased a new residence. From August 1966, they intermittently rented and attempted to sell the old residence until June 1969, when they found a purchaser.

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Petitioners vacated their old residence in August 1966, moved to another city, and rented a house there until September 1968 when they purchased a new residence. From August 1966, they intermittently rented and attempted to sell the old residence until June 1969, when they found a purchaser. Petitioners treated the gain on the sale under the provisions of sec. 1034, I.R.C. 1954. Respondent contends that in vacating the old residence with no intention of returning, petitioners abandoned it as their "principal residence" under sec. 1034. Held: Each case arising under sec. 1034 must be decided…

1Opinion of the Court

OPINION

Wilbur, Judge:

Respondent determined the following deficiencies in petitioners’ Federal income taxes for the year 1969:

Robert G. Clapham- $899.21

Joan D. Clapham- 361.01

Due to concessions made, the only issue for decision is whether the Commissioner erred in determining that the sale of a house by petitioners did not qualify as a sale of petitioners’ principal residence subject to the nonrecognition provisions of section 1034 of the Internal Revenue Code of 1954.1

All of the facts have been stipulated and are incorporated herein by this reference along with the accompanying exhibits.

Petiti…

2Cases cited5 opinions

  1. Stolk v. CommissionerUnited States Tax Court · 1963
  2. Bayley v. CommissionerUnited States Tax Court · 1960
  3. Aagaard v. CommissionerUnited States Tax Court · 1971
  4. Trisko v. CommissionerUnited States Tax Court · 1957
  5. Houlette v. CommissionerUnited States Tax Court · 1967

3Cited by22 opinions

  1. Thomas v. CommissionerUnited States Tax Court · 1989
  2. Stephen Bolaris and Valerie H. Bolaris v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  3. Bolaris v. CommissionerUnited States Tax Court · 1983
  4. Hall v. GillOhio Court of Appeals · 1995
  5. Green v. CommissionerUnited States Tax Court · 1992

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