Key legal question
Whether the 1997 purchase qualified as a replacement acquisition under StG § 51 after the 1994 sale.
Extracted holding
No. A purchase made 40 months after the sale exceeded the regular two-year period, and the delay was driven only by financial and market considerations, which are not legally relevant grounds for tax deferral.
Extracted reasoning
The court treated the decisive period as running from the transfer of ownership. It held that the statutory two-year rule is only exceptionally extendable, and only if additional legally relevant circumstances made timely replacement impossible. Waiting for better market conditions or a more suitable object is merely economically motivated postponement.