Legal Opinion

Baertschi v. Commissioner

United States Tax Court

Decided December 29, 1967No. Docket No. 2186-66Published

Held, on the facts disclosed by the record, that petitioners had commenced construction of a new residence prior to the expiration of 1 year after the date of sale of the old residence and had used the newly constructed residence as their principal residence within 18 months of said sale date and that, therefore, they are entitled to utilize the nonrecognition provisions of sec. 1034, I.R.C. 1954, with respect to the sale of their old residence.

1Opinion of the Court

E. F. Baertschi and Alma M. Baertschi, Petitioners v. Commissioner of Internal Revenue, Respondent

Baertschi v. Commissioner

Docket No. 2186-66

United States Tax Court

49 T.C. 289; 1967 U.S. Tax Ct. LEXIS 1;

December 29, 1967, Filed

Decision will be entered under Rule 50.

Held, on the facts disclosed by the record, that petitioners had commenced construction of a new residence prior to the expiration of 1 year after the date of sale of the old residence and had used the newly constructed residence as their principal residence within 18 months of said sale date and that, therefore, they are entitled…

Also in this document: Dissent.

2Cases cited7 opinions

  1. Commissioner of Internal Revenue v. Union Pac. R. Co.Court of Appeals for the Second Circuit · 1936
  2. Merrill v. CommissionerUnited States Tax Court · 1963
  3. Boatman v. CommissionerUnited States Tax Court · 1959
  4. Union P. R. Co. v. CommissionerUnited States Board of Tax Appeals · 1935
  5. Baertschi v. CommissionerUnited States Tax Court · 1967

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