Koch v. Commissioner

71 T.C. 54 (1978)

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Koch v. Commissioner

United States Tax Court
71 T.C. 54 (1978)

Facts

During 1973 and 1974, Carl Koch (plaintiff) transferred two properties held in fee simple to Imperial Land Corporation and U.S. Home of Florida, Inc. (the corporations). In exchange, the corporations transferred to Koch 17 parcels of real estate, each also held in fee simple but subject to 99-year condominium leases. All properties involved were held either for productive use in a trade or business or for investment. On his federal income taxes, Koch reported no gain or loss from the exchanges. The commissioner of the Internal Revenue Service (defendant) assessed a deficiency, asserting that the properties exchanged were not of a “like kind” under § 1031(a). Koch petitioned the tax court for a redetermination.

Rule of Law

Issue

Holding and Reasoning (Featherston, J.)

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