GUINAN V. UNITED STATES
2003-1. U.S.T.C. (CCH) P50, 475 (D.Ariz. 2003)
NATURE OF THE CASE: Guinan (P) sued when after they filed an amended tax return in which
they excluded the gain realized from the sale of their residence in Wisconsin, and the IRS
(D) disallowed the requested refund. Both parties filed motions for summary judgment.
FACTS: Ps are seeking a refund of $ 45,009.00 for income taxes they paid in the 1998 tax
year on the gain realized from the sale of their residence in Wisconsin. D disallowed the
requested refund.
The Taxpayer Relief Act of 1997, provides in relevant part that ' gross income shall not
include gain from the sale & of property if, during the 5-year period ending on the date of
sale &, such property has been owned and used by the taxpayer as the taxpayer's principal
residence for periods aggregating 2 years or more.' D does not dispute, during the five-year
period from September 15, 1993 through September 15, 1998 P occupied their Wisconsin
residence for 847 days, their Georgia residence for 563 days, and their Arizona residence
for 375 days. Ps claim that time spent determines principal residence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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