Mr. Z owns three homes. He lives in the San Francisco home full time. The other two he and his wife vacation in each year. He is considering replacing the house he has in Palm Springs, California, with another house in the same area. The new home is a little larger and has a floor plan he prefers. The two Palm Springs properties have almost the same fair market value. Mr. Z would like to know if he can exchange the properties instead of selling the one he has now and then buying the new one. He has a lot of built-up appreciation in the current Palm Springs home, and he doesn't want to have to pay taxes on it. Someone told him at a cocktail party that he can avoid paying taxes if he does an "exchange."
Mr. Z and his wife own the home outright. There is no mortgage on the property. They use the property occasionally. The last year they vacationed at the home for about two or three weeks - they aren't sure of the exact days. They have never rented the property and refuse to rent either the old or new property. They don't need the money and don't like strangers in their house.
Mr. Z explains that he holds each of his vacation homes for two reasons. One reason is for vacations for him and his wife. Another key reason for owning the homes is for their investment value. He chooses only homes in areas where he believes there are high appreciation possibilities.
Can Mr. Z take advantage of the tax-free exchange rules in the IRC?
a. What Code section addresses the research question?
b. Does your study of the relevant Code section help you to refine or add to the initial research question(s)?
c. Does the Code adequately address the research question? If so, what are your conclusions, and on what are they based?
d. Are there questions remaining that require further research?