- 13 - The Internal Revenue Code generally takes gains and losses into account only when they are realized by a sale or exchange. Sec. 1001(a), (c); sec. 1.1001-1(a), Income Tax Regs. When a taxpayer receives money or other property as consideration for the condemnation of his property, there has been an "exchange" for income tax purposes. See sec. 1033(a); Kieselbach v. Commissioner, 317 U.S. 399, 402 (1943); Tiefenbrunn v. Commissioner, 74 T.C. 1566, 1570 (1980). Gain from the exchange of property is the excess of the amount realized from the exchange over the property's adjusted basis, while loss is the excess of the adjusted basis over the amount realized. Sec. 1001(a). The "amount realized" in an exchange is the sum of any money received plus the fair market value of any property (other than money) received. Sec. 1001(b). Amounts received as interest are not part of the "amount realized" from the exchange of property. Kieselbach v. Commissioner, supra at 403; Tiefenbrunn v. Commissioner, supra at 1572. The "adjusted basis" of property exchanged is the property's unadjusted basis (e.g., section 1012 cost basis) adjusted as provided in section 1016 (e.g., reduced for depreciation allowable). Sec. 1011(a). Generally, gain or loss realized on an exchange of property must be recognized. Sec. 1001(c). An important exception to this general rule is provided by section 1033, which allows gain realized from certain involuntary conversions to be deferred.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011