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Re: cap gain

 

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Subject Author Date
Re: cap gain BillPatch 09-03-2007
| `--> Re: cap gain Stuart Bronstei...09-05-2007
Posted by BillPatch on September 3, 2007, 10:14 am
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> In any case he has a gain upon sale and it would sure be
> taxable.
>
> If this is business equipment, it is reported on a 4797 and
> ends up ordinary income. If personal use property, long
> term gain, not a collectible unless the Secretary has
> determined that musical instruments are collectibles.

Form 4797 is used for sale of business assets and provides
inputs to various other tax forms. Recapture of depreciation
produces an entry of ordinary income on(assuming he used the
instrument as an employee under misc. income on Form 1040.
The profit from price appreciation on business equipment
above the orignal basis before depreciation is a capital
gain so Form 4797 carries entries to Sch D where the
calculations are performed.

Bill Patch

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Posted by Don Priebe on September 3, 2007, 10:13 pm
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<Recapture of violin depreciation>

I have a vague recollection that really valuable violins,
bows, and such cannot be depreciated even if used in a
business context because they do not have a determinable
life. If I buy the "Mona Lisa" for use in my private
pay-to-look museum, can I depreciate it?

--
Don EA in Upstate NY

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
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Posted by Stuart Bronstein on September 5, 2007, 10:58 am
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> <Recapture of violin depreciation>
>
> I have a vague recollection that really valuable violins,
> bows, and such cannot be depreciated even if used in a
> business context because they do not have a determinable
> life. If I buy the "Mona Lisa" for use in my private
> pay-to-look museum, can I depreciate it?

One 9th Circuit case (Browning) said that the taxpayer
couldn't depreciate his violin, but that case was based on
the fact the taxpayer presented no evidence of any kind.
That was also a pre-ERTA case, and later courts say that it
doesn't apply.

A 2nd Circuit case (Simon) says that violins and bows can be
depreciated if it can be shown that they are actually
subject to wear and tear. Something that isn't used and as
a result won't wear out (e.g. a painting hanging on the
wall) cannot be depreciated.

The tax court seems to agree (Simon).

Stu

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Billy on September 3, 2007, 10:13 pm
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>> In any case he has a gain upon sale and it would sure be
>> taxable.
>>
>> If this is business equipment, it is reported on a 4797 and
>> ends up ordinary income. If personal use property, long
>> term gain, not a collectible unless the Secretary has
>> determined that musical instruments are collectibles.

> Form 4797 is used for sale of business assets and provides
> inputs to various other tax forms. Recapture of depreciation
> produces an entry of ordinary income on(assuming he used the
> instrument as an employee under misc. income on Form 1040.
> The profit from price appreciation on business equipment
> above the orignal basis before depreciation is a capital
> gain so Form 4797 carries entries to Sch D where the
> calculations are performed.

Tks so much for a very engaging response. I will follow
this and see exactly what happens.

will post if I hear anything.

bill

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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