§235-113  Time for assessment of deficiency
attributable to gain upon sale of a residence.  (a)  If after December 31,
1957, a taxpayer during a taxable year sells at a gain property used by the
taxpayer as the taxpayer's principal residence, the rules stated in this
section apply.



(b)  The statutory period for the assessment of
any deficiency attributable to any part of the gain referred to in subsection
(a) of this section shall not expire before the expiration of three years from
the date the department of taxation is notified by the taxpayer (in such manner
as the department has prescribed or may prescribe) of the matters set out in
subsection (c) of this section, and such deficiency may be assessed at any time
before the expiration of the three-year period notwithstanding any other
provision which would otherwise prevent such assessment.



(c)  The notice referred to in subsection (b)
of this section shall inform the department of:



(1)  The taxpayer's cost of purchasing the new
residence which the taxpayer claims results in nonrecognition of any part of
the gain referred to in subsection (a) of this section, or



(2)  The taxpayer's intention not to purchase a new
residence within the period specified in section 1034(a) of the Internal
Revenue Code, or



(3)  A failure to make such purchase within such
period. [L 1959, c 277, pt of §14; am L Sp 1959 2d, c 1, §16; Supp, §121-45.2;
HRS §235-113; gen ch 1985]