- 7 - tax purposes, the gold coins he received should be valued at their legal tender face value amount of $50. Respondent argues that the gold coins received by petitioner have a fair market value far in excess of their face value. Thus, respondent contends that for purposes of determining the amount realized from the sale pursuant to section 1001, the coins received must be classified as "property" rather than "money". For the reasons discussed below, we agree with respondent. Section 1001(b) provides that the amount realized from the sale of property "shall be the sum of any money received plus the fair market value of the property (other than money) received." The first issue we must decide is whether the coins received by petitioner from sale of timber to C&D are classified as "money" or "property (other than money)" within the meaning of section 1001(b). If the coins are money, then their face value determines petitioner's income from the sale of timber; however, if the coins are property, then their fair market value is used. Coins which are not currently circulating legal tender are property to be valued at their fair market value for purposes of section 1001(b). California Fed. Life Ins. Co. v. Commissioner, 680 F.2d 85 (9th Cir. 1982), affg. 76 T.C. 107 (1981); see also Lary v. Commissioner, T.C. Memo. 1987-169. This result is unaffected by the fact that such coins may still be used as legal 6(...continued) lumber.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011