To Hold or Not to Hold: Magneson, Bolker, and Continuity of Investment under I.R.C. Section 1031

Authors

J. Martin Burke, University of Montana School of LawFollow
Michael K. FrielFollow

Document Type

Article

Publication Date

1985

First Page

177

Volume

20

Source Publication Abbreviation

U.S.F. L. Rev.

Abstract

This article examines the judicial and administrative development of the two holding requirements under the continuity of investment standards of section 1031prior to decisions of the Tax Court and the Ninth Circuit in Magneson v. Commissioner and Bolker v. Commissioner, both of which expanded the boundaries of qualified holding and reemphasized the need for guidance from the Treasury or Congress on these issues. Next the article examines the subsequent impact of these decisions. Finally, the article suggests a standard to be followed in the future.

Recommended Citation

Burke, J. Martin and Friel, Michael K., "To Hold or Not to Hold: Magneson, Bolker, and Continuity of Investment under I.R.C. Section 1031" (1985). Faculty Law Review Articles. 55.
https://scholarworks.umt.edu/faculty_lawreviews/55