- 12 - 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 182,317Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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