Page:United States Statutes at Large Volume 65.djvu/529

This page needs to be proofread.


65 STAT.]

PUBLIC LAW 183—OCT. 20, 1951

495

" (E) I f a residence is purchased by the taxpayer prior to the date of his sale of the old residence, the purchased residence shall not be treated as his new residence if sold or otherwise disposed of by him prior to the date of the sale of the old residence. " (F) I f the taxpayer, during the period described in pararaph (1), purchases more than one residence which is used Ante.p.iOi. y him as his principal residence at some time within one year after the date of the sale of the old residence, only the last of such residences so used by him after the date of such sale shall constitute the new residence. If within the one year referred to in the preceding sentence property used by the taxpayer as his principal residence is destroyed, stolen, seized, requisitioned, or condemned, or is sold or exchanged under threat or imminence thereof, then for the purposes of the preceding sentence such one year shall be considered as ending with the date of such destruction, theft, seizure, requisition, condemnation, sale, or exchange. " (G) I n the case of a new residence the construction of which was commenced by the taxpayer prior to the expiration of one year after the date of the sale of the old residence, the period specified in paragraph (1), and the one year referred to in subparagraph (F) of this paragraph, shall be considered as including a period of 18 months beginning with the date of the sale of the old residence. "(3) LIMITATION.—The provisions of paragraph (1) shall not be applicable with respect to the sale of the taxpayer's residence if within one year prior to the date of such sale the taxpayer sold at a gain other property used by him as his principal residence, and any part of such gain was not recognized by reason of the provisions of paragraph (1). For the purposes of this paragraph, the destruction, theft, seizure, requisition, or condemnation of property or the sale or exchange of property under threat or imminence thereof, shall not be considered as a sale of such property.

f

" (4) BASIS OF NEW RESIDENCE.—Where the purchase of a new

residence results, under paragraph (1), in the nonrecognition of gain upon the sale of an old residence, in determining the adjusted basis of the new residence as of any time following the sale of the old residence, the adjustments to basis shall include a reduction by an amount equal to the amount of the gain not so recognized upon the sale of the old residence. For this purpose, the amount of the gain not so recognized upon the sale of the old residence includes only so much of such gain as is not recognized by reason of the cost, up to such time, of purchasing the new residence. " (5) TENANT-STOCKHOLDER I N A COOPERATIVE APARTMENT CORPO-

RATION.—For the purposes of this subsection, section 113(b)(1) (K), and section 117(h)(7), references to property used by the ^o»«,p.497. taxpayer as his principal residence, and references to the residence of a taxpayer, shall include stock held by a tenant-stockholder (as defined in section 23(z)(2)) in a cooperative apartment (as ^^fj^g^c' s 23 cz) defined in such section) if— (2). " ' ' " (A) in the case of stock sold, the apartment which the taxpayer was entitled to occupy as such stockholder was used by him as his principal residence, and " (B) in the case of stock purchased, the taxpayer used as his principal residence the apartment which he was entitled to occupy as such stockholder. " (6) HUSBAND AND WIFE.—If the taxpayer and his spouse, in

accordance with regulations which shall be prescribed by the Sec76100 O - 52 (PT. I) - 34