- 16 - of the old tools as compensation. It is likely that some of petitioner’s old tools qualified as capital assets under section 1221 and some of the old tools were property used in petitioner’s trade or business (of being an employee of IMC) of a character subject to the allowance for depreciation under section 167(a)(1).3 See Noyce v. Commissioner, 97 T.C. 670, 683 (1991). It is unnecessary for us to distinguish among petitioner’s old tools; the result is the same. Gain from the sale of a capital asset held longer than 1 year is long-term capital gain under section 1222(3), and net gain from the sale of property used in a taxpayer’s trade or business is treated as long-term capital gain under section 1231(a)(1). Petitioner has shown that he owned all of the old tools for more than 1 year before he first began selling them to IMC; i.e., March 1996. We believe, based on petitioner’s testimony and the photographs the parties submitted of petitioner’s old tools, that these were tools petitioner owned for both everyday use and use in his work for many years.4 3We do not believe that any of the tools petitioner sold to IMC during 1999 should be characterized as supplies of a type regularly used or consumed by petitioner in the ordinary course of his trade or business within the meaning of sec. 1221(a)(8). Any such supplies held or acquired by a taxpayer on or after Dec. 17, 1999, are excluded from characterization as capital assets by sec. 1221(a)(8). 4We make the distinction between long- and short-term capital gain with respect to petitioner’s old tools only. IMC reimbursed petitioner for the new equipment he purchased for IMC during 1994, 1995, 1996, 1997, 1998, and 1999 as part of the (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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