- 10 - that Congress intended relief from involuntary conversions only to the extent of the “proceeds of such conversion”, and expected taxpayers to acquire replacement property within a reasonable time. Obviously, relief was intended only where the conversion was involuntary. Although Congress was concerned about the timeliness and “good faith” of efforts in seeking replacement property, there was no explanation or particular focus upon the use of damaged assets in the taxpayer’s business. Where the complete destruction or loss of property has occurred, there has been only a limited amount of litigation about whether a taxpayer should be allowed to defer the attendant gain.9 Where the destruction or loss to property is partial, however, additional questions have arisen. In C.G. Willis, Inc. v. Commissioner, 41 T.C. 468 (1964), affd. 342 F.2d 996 (3d Cir. 1965), the taxpayer’s ship was damaged in a 1957 collision, and the insurance company paid $100,000 to the taxpayer. The insurance payment was approximately $9,000 less than the taxpayer’s basis in the ship, and, accordingly, no gain was realized for 1957. In 1958, however, the taxpayer sold the damaged, but unrepaired, ship for an amount which exceeded the remaining basis by approximately $86,000. Under those circumstances, it was held that the 1958 9 More often, the controversies focus upon which property had been converted and/or the definition of “replacement property.”Page: 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