Edward S. Cullin - Page 10

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                                  from a sale or exchange, in                                            
                                  whole or part by reference to                                          
                                  the basis of such property in                                          
                                  the hands of a taxpayer                                                
                                  described in subparagraph (A)                                          
                                  or (B);                                                                
                                  (4) accounts or notes receivable                                       
                            acquired in the ordinary course of                                           
                            trade or business for services rendered                                      
                            or from the sale of property described                                       
                            in paragraph (1);                                                            
                                  (5) a publication of the United                                        
                            States Government (including the                                             
                            Congressional Record) which is received                                      
                            from the United States Government or                                         
                            any agency thereof, other than by                                            
                            purchase at the price at which it is                                         
                            offered for sale to the public, and                                          
                            which is held by--                                                           
                                        (A) a taxpayer who so                                            
                                  received such publication, or                                          
                                        (B) a taxpayer in whose                                          
                                  hands the basis of such                                                
                                  publication is determined,                                             
                                  for purposes of determining                                            
                                  gain from a sale or exchange,                                          
                                  in whole or in part by                                                 
                                  reference to the basis of                                              
                                  such publication in the hands                                          
                                  of a taxpayer described in                                             
                                  subparagraph (A).                                                      

                      According to the above definition, all property held                               
                by a taxpayer, whether or not connected with his or her                                  
                trade or business, is included in the definition of capital                              
                asset, except for the five categories enumerated in section                              
                1221.  See generally Arkansas Best Corp. v. Commissioner,                                
                485 U.S. 212 (1988).  Based upon the record of this case,                                





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