Resources

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Internal Revenue Service Frequently Asked Questions, Publications & Forms

• Frequently Asked Questions (coming soon)
• Publication 544, Sales and Other Dispositions of Assets
• Pub. 537, Installment Sales
• Pub. 544, Sales and Other Dispositions of Assets
• Form 8824, Like-Kind Exchanges
• Form 4797, Sales of Business Property (coming soon)
• Circular 230 - Regulations Governing the Practice of Attorneys, Certified Public Accountants, Enrolled Agents, Enrolled Actuaries, Enrolled Retirement Plan Agents, and Appraisers before the Internal Revenue Service

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Internal Revenue Code and Treasury Regulations

• Section 121, Principal Residence Exemption
• Section 121, 2008 Amendment Limiting Principal Residence Exemption
• Section 1031, Like-Kind Exchanges
• Section 1031, Special Rule for Mutual Ditch, Reservoir or Irrigation Company Stock
• Section 1033, Involuntary Conversations
• Section 1237, Real Estate Subdivided for Sale
• Section 168, Post-Exchange Basis Calculations
• Section 301, Disregarded Entities
• Section 468B, Imputed Interest Rules upon QI Escrow Accounts
  

 

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Revenue Rulings and Procedures

• Rev. Rul. 2004-86, Delaware Statutory Trusts-qualification for §1031 treatment
• Rev. Rul. 2004-77, Disregarded Entity Status of Certain Limited Partnerships
• Rev. Rul. 2003-56, Treatment of Partnership Liabilities When §1031 Exchange Straddles 2 Tax Years
• Rev. Rul. 2002-83, Related Party Exchanges
• Rev. Rul. 92-105, Interest in Illinois Land Trust Constitutes Interest in Real Estate
• Rev. Rul. 90-34, Direct Deeding Permitted in a §1031 Exchange
• Rev. Rul. 75-374, Co-Ownership of Investment Real Estate is not a Partnership
• Rev. Proc. 2008-16, Vacation Homes-qualification for §1031 treatment
• Rev. Proc. 2005-14, Combining Section 121 Primary Residence Exclusion with a §1031 Exchange
• Rev. Proc. 2002-69, Disregarded Entities-married co-owners of community property
• Rev. Proc. 2002-22, Eligibility of Tenant-in-Common (TIC) Interests in Real Estate for §1031 Exchange Transactions PLR 200807005, Acquiring All Partnership Interests of a Partnership Which Owns Real Estate Qualifies for a §1031 Exchange

 

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Private Letter Rulings

• PLR 200826005, Tenant-in-Common Co-Ownership by Two Parties Qualifies for a §1031 Exchange (coming soon)
• PLR 200805012, Transferable Development Rights Qualify for §1031 Treatment
• PLR 200625009, Tenant-in-Common Co-Ownership by Two Parties Qualifies for a §1031 Exchange
• PLR 200625010, Tenant-in-Common Co-Ownership by Two Parties Qualifies for a §1031 Exchange
• PLR 200513010, Application of Rev. Proc. 2002-22 to a Typical TIC Program
• PLR 200118023, Acquiring All Interests in an LLC Which Owns Real Estate Qualifies for a §1031 Exchange

 

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Court Cases

• Moore v. Commissioner (Tax Court), Vacation Homes do not Qualify for §1031 Treatment
• Maloney v. Commissioner (U.S. Court of Appeals), 'Swap and Drop' Transaction Permitted
• Bolker v. Commissioner (U.S. Court of Appeals), 'Drop and Swap' Transaction Permitted
• Magneson v. Commissioner (U.S. Court of Appeals), Pre-Arranged Contribution of Replacement Property to a Partnership Permitted
• W.J. Howey Co. v. Securities and Exchange Commission (U.S. Supreme Court)

 

Sample Cooperative Exchange Clause:
“Buyer hereby acknowledges that it is the intent of the Seller to affect an IRS Section 1031 tax-deferred exchange which will not delay the closing or cause additional expenses to the Buyer. The Seller’s rights under this agreement may be assigned to a Qualified Intermediary, named by the Seller, for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and the Qualified Intermediary in a manner necessary to complete the Exchange.”