Chiarito v. Comr., T.C. Sum. Op. 2010-149

(gain incurred on sale of residence does not qualify for I.R.C. Sec. 121 exclusion because taxpayers did not reside in the residence for the required two-year period before sale; prorated exclusion not available - no change in employment or health status and taxpayers’ need for larger kitchen to better service taxpayers' business not unforeseeable). 

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