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Borden & Hamrick: Like-Kind Exchanges of Personal-Use Residences

Bradley T. Borden (Washburn) & Alex Hamrick (Wachovia) have published Like-Kind Exchanges of Personal-Use Residences, 119 Tax Notes 1253 (6/23/08).  Here is the abstract:

The law governing section 1031 exchanges of personal-use residences ranges from very explicit, in the case of principal residences, to very vague, in the case of mixed-use second homes. The law excludes from section 1031 nonrecognition exchanges of property used solely for personal use. The IRS has provided guidance regarding exchanges of mixed-use principal residences and has provided an all-or-nothing safe harbor with limited applicability for exchanges of mixed-use second homes. To complete the body of law governing exchanges of personal-use residences, this article suggests that the IRS should provide broader guidance for exchanges of mixed-use second homes.


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