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Since the Code section that defines "capital asset" says what is not a capital asset,other Code sections have to help determine what is and what is not a capital gain or loss.

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The maximum amount of the unrecaptured § 1250 gain (25% gain) is the depreciation taken on real property sold at a recognized gain.

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Phil's father died on January 10,2017.The father had owned stock for 20 years with a basis of $45,000 that was transferred to Phil as a gift on August 10,2016,when the stock was worth $430,000.His father paid no gift taxes.This stock was worth $566,000 at the date of the father's death.Phil sold the stock for $545,000 net of commissions on February 23,2017.What is the amount and nature of Phil's gain or loss from disposition of this property?

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Phil had a tax basis for the stock equal...

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The chart below describes the § 1231 assets sold by the Tan Company (a sole proprietorship) this year.Compute the gain or loss from each asset disposition and determine the net § 1231 gain treated as long-term capital gain for the year.Assume there is a § 1231 lookback loss of $14,000. The chart below describes the § 1231 assets sold by the Tan Company (a sole proprietorship) this year.Compute the gain or loss from each asset disposition and determine the net § 1231 gain treated as long-term capital gain for the year.Assume there is a § 1231 lookback loss of $14,000.

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The stamping machine is sold at a $8,264...

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Depreciable personal property was sold at a gain in 2016.On what 2016 form would this transaction be reported,where initially in that form,and what will the form most likely do with the gain?

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The transaction will initially be report...

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An individual taxpayer received a valuable painting from his uncle,a famous painter.The painter created the painting.After the taxpayer held the painting for two years,he sold it for a $400,000 gain.The gain is a long-term capital gain.

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If a capital asset is sold at a gain,the holding period is important.

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Stanley operates a restaurant as a sole proprietorship.Which of the following items are capital assets in the hands of Stanley?


A) The restaurant's tables and chairs.
B) A portable sound system used to play "theme music" for the restaurant.
C) The restaurant building that is an asset of the sole proprietorship.
D) An interest-bearing savings account used to keep the restaurant's excess cash.
E) None of the above.

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Vanna owned an office building that had been held more than one year when it was sold for $567,000.The real estate had an adjusted basis of $45,000 for the land and $233,000 for the building.Straight-line depreciation of $162,000 had been taken on the building.What is the amount and initial character of the gain or loss from disposition of the real estate? Is any of the gain unrecaptured § 1250 (25%) gain?

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The real estate was used in business and...

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The tax law requires that capital gains and losses be separated from other types of gains and losses.Among the reasons for this treatment are:


A) Long-term capital gains may be taxed at a lower rate than ordinary gains.
B) Capital losses that are short-term are not deductible.
C) Net capital loss is deductible only up to $3,000 per year for individual taxpayers.
D) a.and c.
E) None of the above.

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For § 1245 recapture to apply,accelerated depreciation must have been taken on the property.

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For tax purposes,there is no original issue discount on a bond unless the bond is issued for less than its face value and the difference between the face value and the bond issue price is at least one-fourth of 1 percent of the redemption price at maturity multiplied by the number of years to maturity.

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Which of the following events could result in § 1250 depreciation recapture?


A) Sale at a loss of a depreciable business building held more than one year.
B) Sale at a gain of a business building held more than a year on which straight-line depreciation was taken.
C) Sale at a loss of a depreciable business building held for 9 months.
D) Sale at a gain of depreciable equipment held more than a year on which straight-line depreciation was taken.
E) None of the above.

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Section 1231 property generally does not include artistic compositions.

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Williams owned an office building (but not the land) that was destroyed by a fire.The building was insured and Williams has a $156,000 gain because his insurance recovery exceeded his adjusted basis for the building.Williams may replace the building.Williams had taken $145,000 of depreciation on the building,has no § 1231 lookback loss,has no other § 1231 transactions for the year,and has no Schedule D transactions for the year.What is the final nature of Jamison's gain for the year and what tax rate(s) apply to the gain if: Williams owned an office building (but not the land) that was destroyed by a fire.The building was insured and Williams has a $156,000 gain because his insurance recovery exceeded his adjusted basis for the building.Williams may replace the building.Williams had taken $145,000 of depreciation on the building,has no § 1231 lookback loss,has no other § 1231 transactions for the year,and has no Schedule D transactions for the year.What is the final nature of Jamison's gain for the year and what tax rate(s) apply to the gain if:

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The tax law requires that capital gains and losses be separated from other types of gains and losses because there are limitations on the deduction of net capital losses.

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Which of the following statements is correct?


A) When depreciable property is gifted to another individual taxpayer, the depreciation recapture potential is extinguished.
B) When depreciable property is inherited by a taxpayer, the depreciation recapture potential is extinguished.
C) When corporate depreciable property is distributed as a dividend, the depreciation recapture potential is generally not recognized.
D) When depreciable property is contributed to charity, the depreciation recapture potential has no effect on the amount of the charitable contribution deduction.
E) All of the above are correct.

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Section 1245 depreciation recapture potential does not carryover from a deceased taxpayer to the beneficiary taxpayer.

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Which of the following assets held by a cash basis accounting firm is a § 1231 asset?


A) An account receivable from a client.
B) A desk used in the business and held more than one year.
C) An investment in Orange Company common stock.
D) A computer used in the business,held more than one year,but fully depreciated under § 179 when acquired.
E) b.and d.

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A lease cancellation payment received by a lessee is generally treated as an exchange because the lease extinguished is usually a capital asset.

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