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Wednesday, February 6, 2008

Seven Pillars of capital gain treatment

Seven Pillars of capital gain treatment
Seven Pillars of Capital Gain Treatment5 for deciding if properties were held for investment purposes or primarily for sale to customers in the ordinary course of his trade or business and therefore warranted capital gains treatment under I.R.C. §§ 1201, 1202.
the nature and purpose of the acquisition of the property and the duration of the ownership;
the extent and nature of the taxpayer's efforts to sell the property;
the number, extent, continuity and substantiality of the sales;
the extent of subdividing, developing, and advertising to increase sales;
the use of a business office for the sale of the property;
the character and degree of supervision or control exercised by the taxpayer over any representative selling the property; and
the time and effort the taxpayer habitually devoted to the sales.

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