William T. and Nicole L. Gladden - Page 14




                                        - 14 -                                         

          receivable acquired in a trade or business; and (5) certain                  
          governmental publications).1                                                 

          1    Sec. 1221 provides as follows:                                          
                    SEC. 1221.  CAPITAL ASSET DEFINED.                                 
                                                                                      
                    For purposes of this subtitle, the term “capital asset”            
               means property held by the taxpayer (whether or not                     
               connected with his trade or business), but does not                     
               include--                                                               
                         (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;                                          
                         (2) property, used in his trade or business, of a             
                    character which is subject to the allowance for                    
                    depreciation provided in section 167, or real property             
                    used in his trade or business;                                     
                         (3) a copyright, a literary, musical, or artistic             
                    composition, a letter or memorandum, or similar                    
                    property, held by--                                                
                              (A) a taxpayer whose personal efforts created            
                         such property,                                                
                              (B)  in the case of a letter, memorandum, or             
                         similar property, a taxpayer for whom such                    
                         property was prepared or produced, or                         
                              (C) a taxpayer in whose hands the basis of               
                         such property is determined, for purposes of                  
                         determining gain 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             
                                                              (continued...)           


Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011