- 8 - defines long-term capital gain as “gain from the sale or exchange of a capital asset held for more than 1 year, if and to the extent such gain is taken into account in computing gross income.” Though the statute does not define what is a sale or exchange, the terms “sale” and “exchange” are given their ordinary meaning. Helvering v. William Flaccus Oak Leather Co., 313 U.S. 247, 249 (1941). “It is well established that a compromise or collection of a debt is not considered a sale or exchange of property because no property or property rights passes to the debtor other than the discharge of the obligation.” Nahey v. Commissioner, supra at 262; see also Pounds v. United States, supra at 349 (“And the courts have universally recognized that mere collection of an obligation, purchased or not, does not fit the ordinary meaning of ‘sale or exchange’.”). In general, where property or property rights come to an end and vanish, we have held that a sale or exchange has not occurred. Leh v. Commissioner, 27 T.C. 892, 898 (1957), affd. 260 F.2d 489 (9th Cir. 1958). In this same line of cases, we recently decided that the settlement of a lawsuit was not a sale or exchange for purposes of section 1222(3). Nahey v. Commissioner, supra. In Nahey, two S corporations owned by the taxpayer purchased the assets of a corporation, including a lawsuit with a value that could not be ascertained. The taxpayer settled the lawsuitPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011