Exam 17: Property Transactions Section 1231 and Recapture Provisions

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The maximum § 1245 depreciation recapture generally equals the accumulated depreciation.

(True/False)
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Blue Company sold machinery for $45,000 on December 23,2016.The machinery had been acquired on April 1,2014,for $69,000 and its adjusted basis was $34,200.The § 1231 gain,§ 1245 recapture gain,and § 1231 loss from this transaction are:

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Once § 1231 gains are netted against § 1231 losses,if the gains exceed the losses,the net gain is offset by the "lookback" nonrecaptured § 1231 losses.

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Involuntary conversion gains may be deferred if the proceeds of the involuntary conversion are reinvested.

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For § 1245 recapture to apply,accelerated depreciation must have been taken on the property.

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Assume a building is subject to § 1250 depreciation recapture because § 168(k)was used.The building is destroyed in a hurricane and this is the taxpayer's only casualty or theft for the year.In which of the following situations could there be a § 1250 depreciation recapture gain?

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Charmine,a single taxpayer with no dependents,has already incurred a $10,000 § 1231 gain in 2016 and has no § 1231 lookback losses.The taxpayer purchased a business machine for $100,000 five years ago,$70,000 of depreciation has been taken on it,and the machine is now worth $90,000.How will the net § 1231 gain or loss be affected if the taxpayer trades in the business machine for a like-kind business machine and pays an additional $12,000 in cash to obtain the replacement machine? If Charmine already has $352,000 of taxable income which does not include a $10,000 §1231 gain or any capital gains or losses,what is her taxable income?

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A business machine purchased April 10,2014,for $98,000 was fully depreciated in 2014 using § 179 immediate expensing.On August 15,2016,the machine was sold for $67,000.What is the amount and nature of the gain or loss from disposition of the machine?

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Williams owned an office building (but not the land)that was destroyed by a fire.The building was insured and Williams has a $156,000 gain because his insurance recovery exceeded his adjusted basis for the building.Williams may replace the building.Williams had taken $145,000 of depreciation on the building,has no § 1231 lookback loss,has no other § 1231 transactions for the year,and has no Schedule D transactions for the year.What is the final nature of Jamison's gain for the year and what tax rate(s)apply to the gain if: (a) He does reinvest the insurance proceeds? (b) If he doesn't reinvest the insurance proceeds?

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Describe the circumstances in which the potential § 1245 depreciation recapture is extinguished.

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