United States Tax Court July 14, 1976, Docket No. 1206-73 (Hill v. Commissioner)

Wiles, Judge:

Respondent determined a $9,423.51 deficiency in petitioners’ 1969 income taxes. There are two issues: (1) Whether petitioners are entitled to benefit from the nonrecognition provisions of section 1033;1 and (2) whether the basis of the property sold under threat of condemnation is more than that allowed in the statutory notice of deficiency and used in determining gain.