Exam 10: Property Dispositions

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A net §1231 gain becomes ordinary while a net §1231 loss becomes long-term capital gain.

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Realized gains are recognized unless there is specific exception.

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Jessie sold a piece of land held for investment for $250,000. Jessie bought the land two years ago for $195,000. What is the amount and character of Jessie's gain?

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Capital gain of $55,000.

Brandon, an individual, began business four years ago and has sold §1231 assets with $5,000 of losses within the last 5 years. Brandon owned each of the assets for several years. In the current year, Brandon sold the following business assets: Asset Original Cost Accumulated Depreciation Gain/Loss Machinery \ 30,000 \ 7,000 \ 10,000 Land 40,000 0 20,000 Building 90,000 20,000 (5,000) Assuming Brandon's marginal ordinary income tax rate is 35 percent, what effect do the gains and losses have on Brandon's tax liability?

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§1239 recharacterizes 50 percent of the gain on sales to a related party as ordinary income.

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Gainesville LLC sold the following business assets during the current year: (1) machinery, $20,000 cost basis, $4,000 depreciation, proceeds $22,000; (2) automobile, $15,000 cost basis, $12,000 depreciation, proceeds $7,000; (3) equipment, $15,000 cost basis, $10,000 depreciation, proceeds $4,000; (4) computer equipment, $35,000 cost basis, $16,000 depreciation, proceeds $15,000; (5) Winchester had unrecaptured §1231 losses of $5,000 in the prior 5 years. What is the amount and character of Winchester's gains and losses before the 1231 netting process?

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Sumner sold equipment that it uses in its business for $30,000. Sumner bought the equipment a few years ago for $80,000 and has claimed $40,000 of depreciation expense. Assuming that this is Sumner's only disposition during the year, what is the amount and character of Sumner's gain or loss?

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Depreciation recapture changes both the amount and character of a gain.

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What is the character of land used in an active trade or business for two years?

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Losses on sales between related parties are realized but not recognized.

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Assets held for investment and personal use assets are examples of capital assets.

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A simultaneous exchange must take place for a transaction to qualify as a like-kind exchange.

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Silver sold machinery to Gold, a related entity, which it used in its business for $55,000. Silver bought the equipment a few years ago for $50,000 and has claimed $15,000 of depreciation expense. What is the amount and character of Silver's gain?

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An installment sale is any sale where at least a portion of the sales proceeds is recognized in a subsequent taxable year.

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Suzanne, an individual, began business four years ago and has never sold a §1231 asset. Suzanne owned each of the assets for several years. In the current year, Suzanne sold the following business assets: Asset Original Cost Accumulated Depreciation Gain/Loss Machinery \ 12,000 \ 7,000 \ 6,000 Furniture 10,000 2,000 (3,000) Building 90,000 20,000 15,000 Assuming Suzanne's marginal ordinary income tax rate is 35 percent, what is the character of the gains and losses and what affect do they have on Suzanne's tax liability?

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Odintz traded machinery for machinery. Odintz originally purchased its machine for $150,000 and the adjusted basis was $90,000 at the time of the exchange. The machinery received was purchased for $200,000, had an adjusted basis of $155,000 at the time of the exchange, and was subject to a mortgage of $50,000 that was paid off before the transfer. What is Odintz's adjusted basis in the new machinery after the exchange?

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The adjusted basis is the cost basis less cost recovery deductions.

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Residential real property is not like-kind with non-residential real property.

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The gain or loss realized is always recognized for tax purposes.

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When does unrecaptured §1250 gains apply?

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