Estate of James W. Boyle - Page 12




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               new barn ($20,000) less the amount of the gain not                     
               recognized on the conversion * * *[9]                                  
          Our conclusion is also reinforced by section 1.1033(a)-2(c)(12),            
          Income Tax Regs., which states that “An amount expended for                 
          replacement of an asset, in excess of the recovery for loss,                
          represents a capital expenditure and is not a deductible loss for           
          income tax purposes.”                                                       
               When we treat the old warehouse and the new warehouse as               
          different properties, as sections 165 and 1033 require, the                 
          determination of adjusted basis for purposes of calculating a               
          casualty loss under section 165(a) is straightforward.  The                 
          Boyles’ adjusted basis in the old warehouse for purposes of                 

               9In the notice of deficiency, respondent applied a similar             
          analysis to calculate the Boyles’ gain from the involuntary                 
          conversion of the old warehouse and the Boyles’ adjusted basis in           
          the new warehouse in accordance with sec. 1033(a)(2) and (b) as             
          follows:                                                                    
               Gain realized on the involuntary conversion of                         
               the old warehouse:                                                     
               Amount realized from the involuntary                                   
                    conversion of the old warehouse    $553,793                       
               Less:                                                                  
                    Adjusted basis                         33,408                     
               Gain realized                      520,385                             

               The Boyles’ adjusted basis in the new warehouse                        
               Total Cost of new warehouse             $702,702                       
               Less:                                                                  
                    Gain realized but not                                             
                    recognized under sec.                                             
                    1033(b)                            520,385                        
               Adjusted basis                          182,317                        





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Last modified: May 25, 2011