@Clayton Mobley Thank you so much for you reaching out that was a lot of help for sure! so to answer your questions.
1. I did not live in the house for 24 months. I purchased the house as my primary residence in 2010 lived in it for 573 days as my residence then was given orders to Hawaii followed by my orders to Virginia where I am currently stationed.
2. It has been a rental for 14 Nov 2011 and well be closed in April of 2017 so I have rented it for around 5 1/2 years. I also wasn't very smart about this due to it being my first property and I didn't take deprecation on the property while I was renting it.
3. I do have a Qualified Intermediary in my small home town were I wanted to purchase an apartment building, but that deal is falling apart and doesn't looking like it will be able to be completed. All the other properties they are showing me aren't meeting my numbers or just are trash that will take to much time and work to get back on the market. So I am worried I will place this money in a 1031 and not be able to find properties that will meet my investment criteria.
4. I did not live in the property for 24 months but was wondering though if I used the Service, intelligence, and Peace Corps Personnel(Publication 523) to suspend the 5 year test period and disregard the 5 plus years it was rented out. Than qualify for a partial exclusion due to having to move out side of 50 miles for work. I did those calculations and if I qualify than my exclusion limits would be around $380,000.
@Bill Exeter Thanks for reaching out! That is what I am hoping the only problem is I haven't lived in the house in the last 5 plus years because of military requirements keeping me away from San Diego. I was wondering if I could use the Service, intelligence, and Peace Corps Personnel(Publication 523) to suspend my time away from San Diego and apply for the partial exclusion for the 573 days that I used the house as the primary resident.
Thanks for reaching out I am in a pickle with this apartment deal falling through and I don't want to perchance bad property and also do want to take a HUGE tax hit either.