- 6 - the sale as follows: (1) gross settlement proceeds of $212,861, (2) settlement charges of $6,852, (3) legal costs of $2,907, and (4) operating loss carryover of $11,912. From those figures, petitioner calculates an amount realized of $191,189 ($191,189 = $212,861 - $6,852 - $2,907 - $11,912). In calculating an amount realized of $207,593 from the sale of the five units, respondent argues that $210,500 is the correct figure for settlement proceeds, subtracts legal costs of $2,907 ($207,593 = $210,500 - $2,907), and does not consider the $6,852 in settlement charges claimed by petitioner. Only after calculations for the amount realized and gain realized are complete (and the gain is included as an item of gross income; see section 61(a)(3)), does respondent subtract the operating loss carryover of $11,912 in arriving at taxable income (see sections 161, 172). The difference between the parties' figures for the amount realized, thus, results from a disagreement over the correct amount of settlement proceeds and charges to be considered in calculating the amount realized, as well as the placement of the operating loss carryover in the computations. First, we agree with respondent that the operating loss carryover should properly be considered, if at all, only in determining taxable income and not in the separate, and preceding, operation of determining gain realized. Compare secs. 61(a)(3) and 1001 with secs. 161 and 172. Since thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011