Like-kind exchange method
First Claim
Patent Images
1. A like-kind exchange method comprising:
- establishing an accommodating entity to facilitate the like-kind exchange, the accommodating entity being funded by a limited contribution obligation from a third party;
receiving a request from an exchanger that identifies a replacement property to utilize in the like-kind exchange;
establishing a property owning entity to acquire an ownership interest in the replacement property, the property owning entity being capitalized through a contribution by the accommodating entity of a promissory note in an amount appropriate for the like-kind exchange; and
exchanging a relinquished property of the exchanger with the replacement property.
2 Assignments
0 Petitions
Accused Products
Abstract
A like-kind exchange method wherein an accommodator acquires a property on behalf of an exchanger and establishes itself as the tax owner of the acquired property by becoming liable to pay on at least a portion of a debt on the acquired property. The accommodator then leases the acquired property to the exchanger with an option to buy. During the term of the lease, the exchanger is free to perform any desired development work on the acquired property. With this procedure, the acquired property is available as a replacement property in a like-kind exchange by the exchanger for longer than the 180 day time limitation imposed by Revenue Procedure 2000-37.
106 Citations
30 Claims
-
1. A like-kind exchange method comprising:
-
establishing an accommodating entity to facilitate the like-kind exchange, the accommodating entity being funded by a limited contribution obligation from a third party;
receiving a request from an exchanger that identifies a replacement property to utilize in the like-kind exchange;
establishing a property owning entity to acquire an ownership interest in the replacement property, the property owning entity being capitalized through a contribution by the accommodating entity of a promissory note in an amount appropriate for the like-kind exchange; and
exchanging a relinquished property of the exchanger with the replacement property. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29)
-
-
30. A like-king exchange method comprising:
-
establishing an accommodating entity to facilitate the like-kind exchange, the accommodating entity being funded by a limited contribution obligation from a third party;
receiving a request from an exchanger that identifies a replacement property to utilize in the like-kind exchange;
establishing a property owning entity to acquire an ownership interest in the replacement property, the property owning entity being capitalized through a contribution by the accommodating entity of a promissory note in an amount appropriate for the like-kind exchange;
the property owning entity obtaining financing for the acquisition and improvement of the replacement property;
the property owning entity leasing the replacement property to the exchanger with a purchase option pursuant to an operating lease on arms-length terms sufficient to pay a debt service on the replacement property; and
exchanging a relinquished property of the exchanger with the replacement property.
-
-
30-1. A structure for facilitating a like-kind exchange, the structure comprising:
-
an exchanger that identifies a replacement property to utilize in the like-kind exchange;
an accommodating entity that facilitates the like-kind exchange;
a third party that funds the accommodating entity by a limited contribution obligation; and
a property owning entity that acquires an ownership interest in the replacement property, the property owning entity being capitalized through a contribution by the accommodating entity of a promissory note in an amount appropriate for the like-kind exchange.
-
Specification