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Improving the Principal Residence Disaster Relief Provisions

8 Pages Posted: 10 Jan 2008  

Francine J. Lipman

University of Nevada, Las Vegas - William S. Boyd School of Law

Abstract

In this article, the author proposes a simple statutory solution to an inequity in the disaster relief provisions of the Internal Revenue Code. Using two hypothetical taxpayers, the paper demonstrates that similarly situated disaster-struck taxpayers may not be treated equally. She then analyzes the Service's position in this area, including a discussion of case law in which she focuses on the interactions between sections 1033 and 1034. The author then reviews legislative history to discern Congress's intent when it enacted section 1034. Finally, in her conclusion, the author sets forth a simple statutory amendment to remedy this inequity.

Keywords: disaster relief, residence, tax policy

JEL Classification: H24, K11, K34, R52

Suggested Citation

Lipman, Francine J., Improving the Principal Residence Disaster Relief Provisions. Tax Notes, Vol. 66, No. 859, 1995. Available at SSRN: https://ssrn.com/abstract=1082147

Francine J. Lipman (Contact Author)

University of Nevada, Las Vegas - William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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