- 104 - Section 1001(b) defines the "amount realized" as "the sum of any money received plus the fair market value of the property (other than money) received." Section 1001(c) provides: "Except as otherwise provided in this subtitle, the entire amount of the gain or loss, determined under this section, on the sale or exchange of property shall be recognized." According to petitioner, section 1001(c) and section 1.1002- 1(b), Income Tax Regs., which provides that exceptions to the general rule of section 1001(c) must be "strictly construed and do not extend either beyond the words or the underlying assumptions and purposes of the exception", compel the Court to respect the tax consequences of a sale or exchange of property regardless of the economic substance of the transaction. Petitioner further asserts that the legislative history of section 1001 reflects Congress' clear intent to tax the gain or loss on all exchanges of property. Petitioner cites the legislative history of section 203 of the Revenue Act of 1924, ch. 234, 43 Stat. 253, which states: It appears best to provide generally that gain or loss is recognized from all exchanges and then except specifically and in definite terms those cases of exchange in which it is not desired to tax the gain or allow the loss. This results in definiteness and accuracy and enables a taxpayer to determine prior to the consummation of a given transactionPage: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
Last modified: May 25, 2011