- 16 - not intend to limit the application of the substitute for ordinary income doctrine by the Arkansas Best holding. This Court and three Courts of Appeals have consistently held that the substitute for ordinary income doctrine was not obviated by the holding in Arkansas Best. No court has attempted to express a bright-line rule defining which property rights might represent substitutes for ordinary income. Each has expressed the difficulties that exist in attempting to draw a bright line. Only one thing becomes clear in these analyses--the process of defining which property or property rights fit within the substitute for ordinary income doctrine is ad hoc and fact specific. Given that the doctrine has not been obviated or limited, we see no reason to depart from the established and uniform precedent. We, accordingly, proceed to decide whether the factual circumstances of the case we consider fall within the doctrine’s embrace. Initially, we reject petitioners’ attempt to limit the application of the doctrine to four general factual categories. Neither the holding nor the rationale of the Supreme Court in Arkansas Best changed the underlying principle of the substitute for ordinary income doctrine. Although the Arkansas Best holding was intended generally to define “capital asset” in accordance with the statute, as reflected in note 5 of the Arkansas Best opinion, there was no intent to change or modify the holdings ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011