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Phil, one more piece of info that was shared with me by one of the CPAs.

They wrote...and I quote

"IRS Publications do not cover 100% of all possible examples.....

When laws are written by lawmakers, they are followed by IRS rulings (pronouncements, additional notices, private letter rulings, and court cases.......Lawmakers can not cover every contigencey. Therefore, IRS puts out Publication booklets to help interpret the law. But even then, the booklets only gio so far... They are followed by notives, bullitens, and pronouncements.....These additional references are numberred -ie.. Year/#.....IRB 2007-01 etc........."

He states that he knows that he has read in one of these pronouncements, additional notices, private letter rulings, and/or court cases that she is not excluded from the capital gains because of the way she treated and reported the property on her returns regardless of meeting the test requirements.

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