- 11 - related in service or use to the converted property, section 1033(a)(2)(A)) within the period provided in section 1033(a)(2)(B), gain is recognized, if the taxpayer so elects, only to the extent the amount realized from the involuntary conversion of the converted property exceeds the cost of the qualified replacement property.8 Sec. 1033(a)(2)(A). The basis of the replacement property acquired as a result of an involuntary conversion of the property into money is its cost, decreased by the amount of gain not recognized upon conversion. Sec. 1033(b). An example used in section 1.1033(b)-1(b), Income Tax Regs., to illustrate the operation of section 1033(a)(2)(A) and (b) is consistent with our analysis: Example. A taxpayer realizes $22,000 from the involuntary conversion of his barn in 1955; the adjusted basis of the barn to him was $10,000, and he spent in the same year $20,000 for a new barn which resulted in the nonrecognition of $10,000 of the $12,000 gain on the conversion. The basis of the new barn to the taxpayer would be $10,000–-the cost of the 8When an involuntary conversion results in the realization of gain, the details of the involuntary conversion, including those relating to the replacement of the converted property, must be reported in the return for the taxable year in which any of the gain is realized. An election to defer the recognition of gain from the conversion under sec. 1033(a)(2) and sec. 1.1033(a)-2(c)(1), Income Tax Regs., is made by including such gain in gross income, but only to the extent required by sec. 1033, on the taxpayer’s Federal income tax return for the first year the taxpayer is required to recognize the gain. Sec. 1.1033(a)-2(c)(2), Income Tax Regs. If sec. 1033 does not require a taxpayer to recognize any of the gain, the election is made simply by not including the gain in gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011