Transcription of Part I Section 1221.-- Capital Asset Defined - IRS tax forms
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Part I Section Capital Asset Defined 26 CFR : Meaning of terms. (Also '' 197, 1231, 1241, 1245, 1253; ) Rev. Rul. 2007-37 ISSUE 1. Is the cancellation of a distributor agreement between a manufacturer and a distributor of the manufacturer=s products a sale or exchange of property? 2. Is any resulting gain to the distributor Capital gain or treated as Capital gain? FACTS X manufactures automobile N. X sells N through a network of automobile distributors with which X enters into distributor agreements.
Since an amortizable section 197 intangible, including a franchise, is property of a character subject to an allowance for depreciation under § 167, it is not a capital asset for purposes of ' 1221. However, if an amortizable section 197 intangible is used in a trade or business and held for more than one year, gain or loss on its sale or exchange
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