- 5 - Code. For individuals, the deduction of capital losses is limited to the lesser of $3,000 a year or the excess of such losses over capital gains. Sec. 1211(b). Any remaining capital loss is deductible in the succeeding taxable year as provided in section 1212(b). Capital loss treatment applies primarily to the disposition of capital assets. Section 1221 defines a capital asset as "property held by the taxpayer (whether or not connected with his trade or business)," but excludes four categories of assets, only one of which is of relevance here, namely: (1) stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; [Emphasis added.] The issue, whether the property in question was a capital asset, therefore turns on whether petitioner was engaged in the "trade or business" of selling real estate, holding the property for sale to customers in the ordinary course of such a business. We hold that she was not. A number of factors have been considered in determining whether property is held primarily for sale to customers in the ordinary course of business. A non-exclusive list of these factors includes: (1) The purpose for which the asset was acquired; (2) the frequency, continuity, and size of the sales; (3) the activities of the seller in the improvement and disposition of the property; (4) the extent ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011