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  #9  
Old 10-27-2005, 08:22 AM
effi
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Default Re: Land Sale

- quote -

> > > > > Selling piece of land that purchased in 1995 for 40,000.
> > > > > Closing costs on both ends add up to about 10,000. Sale for
> > > > > 120,000. Did nothing to land other than pay property tax
> > > > > each year. Can the property tax be included in cost to
> > > > > determine the gain?


> > > > Not at this point. You COULD have elected each year to
> > > > capitalize those costs, but it seems as though you did not.


> Assuming he neither elected to capitalize nor deducted the
> property tax on Schedule A, can he now file a Form 3115 to
> (retroactively) capitalize?


Seems elections must be made on original timely filed
returns only, and that wasn't done, so there is no
accounting method to change via Form 3115, and the deduction
is lost if amended returns are beyond statute.

Key word "seems."

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #8  
Old 10-27-2005, 07:25 AM
David Woods, EA, ChFC, CLU
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Default Re: Land Sale

- quote -

> > > > > Selling piece of land that purchased in 1995 for 40,000.
> > > > > Closing costs on both ends add up to about 10,000. Sale for
> > > > > 120,000. Did nothing to land other than pay property tax
> > > > > each year. Can the property tax be included in cost to
> > > > > determine the gain?


> > > > Not at this point. You COULD have elected each year to
> > > > capitalize those costs, but it seems as though you did not.


> Assuming he neither elected to capitalize nor deducted the
> property tax on Schedule A, can he now file a Form 3115 to
> (retroactively) capitalize?


I don't see how seeing as you're talking about an ELECTION
not an accounting method.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #7  
Old 10-26-2005, 05:34 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: Land Sale

- quote -

> > > > > Selling piece of land that purchased in 1995 for 40,000.
> > > > > Closing costs on both ends add up to about 10,000. Sale for
> > > > > 120,000. Did nothing to land other than pay property tax
> > > > > each year. Can the property tax be included in cost to
> > > > > determine the gain?


> > > > Not at this point. You COULD have elected each year to
> > > > capitalize those costs, but it seems as though you did not.


> Assuming he neither elected to capitalize nor deducted the
> property tax on Schedule A, can he now file a Form 3115 to
> (retroactively) capitalize?


I don't see how seeing as you're talking about an ELECTION
not an accounting method.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #6  
Old 10-18-2005, 09:34 AM
Don Priebe
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Posts: n/a
Default Re: Land Sale

- quote -

> > > > Selling piece of land that purchased in 1995 for 40,000.
> > > > Closing costs on both ends add up to about 10,000. Sale for
> > > > 120,000. Did nothing to land other than pay property tax
> > > > each year. Can the property tax be included in cost to
> > > > determine the gain?


> > > Not at this point. You COULD have elected each year to
> > > capitalize those costs, but it seems as though you did not.


Assuming he neither elected to capitalize nor deducted the
property tax on Schedule A, can he now file a Form 3115 to
(retroactively) capitalize?

--
Don EA in Upstate NY

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #5  
Old 10-17-2005, 02:18 AM
Harlan Lunsford
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Posts: n/a
Default Re: Land Sale

A.G. Kalman wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:
> > "SMF" <smfwdf[at]comcast.net> wrote:


> > > Selling piece of land that purchased in 1995 for 40,000.
> > > Closing costs on both ends add up to about 10,000. Sale for
> > > 120,000. Did nothing to land other than pay property tax
> > > each year. Can the property tax be included in cost to
> > > determine the gain?


> > Not at this point. You COULD have elected each year to
> > capitalize those costs, but it seems as though you did not.


> I agree with David's response. A formal election to
> capitalize the taxes must have been filed with the IRS per
> the regulations for IRC Sec. 266.


Now then, here's the kicker. Suppose the land was
purchased a long time ago. Given that a positive election
should have been made with that first return, or at least
the first return subsequent for which it applied, I just
wonder if upon audit, the only time it would come up, IRS
would demand to see a copy of that election and a copy of
the return with which it was filed?

I doubt it.

Cheer$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #4  
Old 10-16-2005, 06:30 AM
A.G. Kalman
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Posts: n/a
Default Re: Land Sale

David Woods, EA, ChFC, CLU wrote:
- quote -

> "SMF" <smfwdf[at]comcast.net> wrote:

> > Selling piece of land that purchased in 1995 for 40,000.
> > Closing costs on both ends add up to about 10,000. Sale for
> > 120,000. Did nothing to land other than pay property tax
> > each year. Can the property tax be included in cost to
> > determine the gain?


> Not at this point. You COULD have elected each year to
> capitalize those costs, but it seems as though you did not.


I agree with David's response. A formal election to
capitalize the taxes must have been filed with the IRS per
the regulations for IRC Sec. 266.

--
Alan
http://taxtopics.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #3  
Old 10-16-2005, 06:30 AM
Bernard S
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Default Re: Land Sale

"Paul A. Thomas" <paulthomascpapc[at]bellsouth.net> wrote:
- quote -

> "SMF" <smfwdf[at]comcast.net> wrote

> > Selling piece of land that purchased in 1995 for 40,000.
> > Closing costs on both ends add up to about 10,000. Sale for
> > 120,000. Did nothing to land other than pay property tax
> > each year. Can the property tax be included in cost to
> > determine the gain?


> Property tax is deductible on Schedule A each year when
> paid.
> It does not get added to your cost basis.


clarify? Other respondents have suggested that you could
elect to have capitalized property taxes. I believe that
this is wrong and many readers be will be misguided.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #2  
Old 10-13-2005, 04:59 AM
Paul A. Thomas
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Posts: n/a
Default Re: Land Sale

"SMF" <smfwdf[at]comcast.net> wrote

- quote -

> Selling piece of land that purchased in 1995 for 40,000.
> Closing costs on both ends add up to about 10,000. Sale for
> 120,000. Did nothing to land other than pay property tax
> each year. Can the property tax be included in cost to
> determine the gain?


Property tax is deductible on Schedule A each year when
paid.

It does not get added to your cost basis.

--
Paul A. Thomas, CPA
Athens, Georgia
paulthomascpapc[at]bellsouth.net

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 10-13-2005, 04:39 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: Land Sale

"SMF" <smfwdf[at]comcast.net> wrote:

- quote -

> Selling piece of land that purchased in 1995 for 40,000.
> Closing costs on both ends add up to about 10,000. Sale for
> 120,000. Did nothing to land other than pay property tax
> each year. Can the property tax be included in cost to
> determine the gain?


Not at this point. You COULD have elected each year to
capitalize those costs, but it seems as though you did not.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 10-13-2005, 04:39 AM
Harlan Lunsford
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Posts: n/a
Default Re: Land Sale

SMF wrote:

- quote -

> Selling piece of land that purchased in 1995 for 40,000.
> Closing costs on both ends add up to about 10,000. Sale for
> 120,000. Did nothing to land other than pay property tax
> each year. Can the property tax be included in cost to
> determine the gain?


Only if you did not deduct each year's tax on schedule a
during the intervening years.

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 10-11-2005, 04:35 AM
SMF
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Posts: n/a
Default Land Sale

Selling piece of land that purchased in 1995 for 40,000.
Closing costs on both ends add up to about 10,000. Sale for
120,000. Did nothing to land other than pay property tax
each year. Can the property tax be included in cost to
determine the gain?

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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