- 30 - On July 16, 1988, Daniell ended his business relationship with Briggs and Mr. Morris by selling them his undivided interest in the joint venture. On their 1986 individual Federal income tax returns, Briggs and the Morrises each reported the sales of their one-third interests in the 40 acres as long-term capital gains.22 Respondent determined that the gain was ordinary income. Discussion Petitioners argue that the 40 acres was a capital asset because it was “purchased for investment purposes in their individual names, and not in the joint venture’s name.” They argue that the 40 acres was not held or offered for sale in petitioners’ trade or business. Respondent argues that the 40 acres was held by the joint venture as part of its trade or business of acquiring and developing real estate, and consequently was not a capital asset. Section 1221 defines “capital asset” generally as any property held by a taxpayer, with certain exceptions, including property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business, and real property used in the taxpayer’s trade or business. See sec. 1221(1) and 22 On their respective Schedules D, Capital Gains and Losses, Briggs and the Morrises each reported a single sale of a one-third interest in land, with a sale price of $363,333 and basis of $209,980.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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