Article Abstract:
The author discusses the practices of deferred exchange intermediaries and the risks involved in not carefully managing such exchanges.
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Article Abstract:
The author discusses tax issues regarding IRC section 1031 real property exchanges involving limited liability companies and partnerships in light of an ABA Section of Taxation report.
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Article Abstract:
Holding real estate investments in partnership can impose additional difficulties for investors wishing to take advantage of the tax-free exchange provisions of IRC section 1031. Before 1984, the Code did not expressly exclude the exchange of partnership interests from tax-free treatment, but in 1984, IRC section 1031 was amended to deny nonrecognition of income for exchanges involving partnerships. Using the partners as intermediaries in the exchange does not appear to avoid this proscription.
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