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#25
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| sethb[at]panix.com (Seth Breidbart) wrote: - quote - > Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:
LIFO isn't as simple as I appeared to make it. As the topic> > LIFO doesn't require that the same item continue to be held > > in inventory. For example some car dealers using LIFO may > > still have 1986 Impalas on the books. For some reason to me > > they don't seem comparable to the 2006 Impala. The items > > just need to be similar and many tract homes meet that > > requirement. > I would have thought the requirement is that the items have > to be fungible, not just similar. is quite exhaustive I would suggest those interested read Section 472 and the Regulations there under. My point is that real estate cannot be inventory but can be the similar "property held for resale." While similar they aren't the same. --- Drew Edmundson, CPA Cary, NC << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#24
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| Drew Edmundson <drewsbeagles[at]hotmail.com> wrote: - quote - > LIFO doesn't require that the same item continue to be held
I would have thought the requirement is that the items have> in inventory. For example some car dealers using LIFO may > still have 1986 Impalas on the books. For some reason to me > they don't seem comparable to the 2006 Impala. The items > just need to be similar and many tract homes meet that > requirement. to be fungible, not just similar. Seth << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#23
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| - quote - > > > What is a "spec home"?
I agree your definition is more common. I stand corrected.> > Usually one built to your specifications as opposed to a > > mass produced home or even an individual home built to an > > existing plan. > OR ... a house built on speculation - one where there is not > a purchase contract in existence before construction is > begun. (That's the common usage of the term in our area.) -- Vic Roberts Replace xxx with vdr in e-mail address. << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#22
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| ethb[at]panix.com (Seth Breidbart) wrote: - quote - > Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:
Other taxpayers have disagreed with you. The courts however> > As an aside, and not in any way disagreeing with your > > overall comments, real estate cannot be "inventory." See > > Rev. Rul. 69-536. It is "property held for resale." A > > semantic thing for these purposes. However for other > > purposes it is a real and important difference, e.g. not > > being "inventory" prohibits the use of FIFO, LIFO, etc. > Given that each item of real estate is unique, I don't see > how LIFO vs. FIFO could apply (even if it could). agree with you and the reason they use is that real estate is not inventory. LIFO doesn't require that the same item continue to be held in inventory. For example some car dealers using LIFO may still have 1986 Impalas on the books. For some reason to me they don't seem comparable to the 2006 Impala. The items just need to be similar and many tract homes meet that requirement. --- Drew Edmundson, CPA Cary, NC << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#21
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| Drew Edmundson <drewsbeagles[at]hotmail.com> wrote: - quote - > As an aside, and not in any way disagreeing with your
Given that each item of real estate is unique, I don't see> overall comments, real estate cannot be "inventory." See > Rev. Rul. 69-536. It is "property held for resale." A > semantic thing for these purposes. However for other > purposes it is a real and important difference, e.g. not > being "inventory" prohibits the use of FIFO, LIFO, etc. how LIFO vs. FIFO could apply (even if it could). Seth << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#20
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| Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote: - quote - > sethb[at]panix.com (Seth Breidbart) wrote:
What is the difference between "purpose of selling" and> > Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote: > > > Actually, even buying a house with the purpose of turning > > > around and selling it makes the house inventory rather than > > > an investment. > > What sort of property does that rule apply to? > It applies to any property purchased or created for the > purpose of selling, rather than holding for investment or > personal use. "[purpose of] holding for investment"? Either way, I buy something intending to sell it later at a higher price than I paid. - quote - > > It clearly doesn't apply to stock.
Shares in a corporation.> Why do you say that? What does "stock" mean? - quote - > If you are a developer and buid 100 condominiums,
then I didn't buy them, I own them in the course of abusiness. Seth << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#19
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| sethb[at]panix.com (Seth Breidbart) writes: - quote - > > Actually, even buying a house with the purpose of turning
Don't be so sure.> > around and selling it makes the house inventory rather than > > an investment. > What sort of property does that rule apply to? > It clearly doesn't apply to stock. If you're a professional trader or a market maker, your gains and losses are ordinary income and loss, not capital gains and capital losses. -- Rich Carreiro rlcarr[at]animato.arlington.ma.us << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#18
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| Drew Edmundson <drewsbeagles[at]hotmail.com> wrote: - quote - > As an aside, and not in any way disagreeing with your
Real Estate is held in a control account similar to securites> overall comments, real estate cannot be "inventory." See > Rev. Rul. 69-536. It is "property held for resale." A > semantic thing for these purposes. However for other > purposes it is a real and important difference, e.g. not > being "inventory" prohibits the use of FIFO, LIFO, etc. being held for the short-term unless it is being rented in which case it belongs in an account with income producing assets. Although you may refer to it internally as inventory, it is not inventory for either accounting or tax purposes. Dick << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#17
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| Drew Edmundson <drewsbeagles[at]hotmail.com> wrote: - quote - > As an aside, and not in any way disagreeing with your
Thanks for the clarification. I wasn't aware of that nuance.> overall comments, real estate cannot be "inventory." See > Rev. Rul. 69-536. It is "property held for resale." A > semantic thing for these purposes. However for other > purposes it is a real and important difference, e.g. not > being "inventory" prohibits the use of FIFO, LIFO, etc. Stu << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#16
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| sethb[at]panix.com (Seth Breidbart) wrote: - quote - > Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
It applies to any property purchased or created for the> > Actually, even buying a house with the purpose of turning > > around and selling it makes the house inventory rather than > > an investment. > What sort of property does that rule apply to? purpose of selling, rather than holding for investment or personal use. - quote - > It clearly doesn't apply to stock.
Why do you say that? What does "stock" mean? If you area developer and buid 100 condominiums, all the income from sales will be ordinary income, even if some of them are sold more than a year later. Stu << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#15
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| "Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote: - quote - > sethb[at]panix.com (Seth Breidbart) wrote:
As an aside, and not in any way disagreeing with your> > > Isn't the whole idea of building a house to sell considered > > > an investment? > > No, _buying_ a house to sell is an investment. Building a > > house to sell is a _business_. > Actually, even buying a house with the purpose of turning > around and selling it makes the house inventory rather than > an investment. For example, you are able to buy a house in > a foreclosure sale and think you can make some money from > it. So you clean it up, paint it and sell it. > Even if it takes longer than a year to sell, if the purpose > of the purchase was to turn around and sell it, it's > inventory. overall comments, real estate cannot be "inventory." See Rev. Rul. 69-536. It is "property held for resale." A semantic thing for these purposes. However for other purposes it is a real and important difference, e.g. not being "inventory" prohibits the use of FIFO, LIFO, etc. --- Drew Edmundson, CPA Cary, NC << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#14
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| Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote: - quote - > sethb[at]panix.com (Seth Breidbart) wrote:
What sort of property does that rule apply to?> > > Isn't the whole idea of building a house to sell considered > > > an investment? > > No, _buying_ a house to sell is an investment. Building a > > house to sell is a _business_. > Actually, even buying a house with the purpose of turning > around and selling it makes the house inventory rather than > an investment. It clearly doesn't apply to stock. Seth << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#13
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| sethb[at]panix.com (Seth Breidbart) wrote: - quote - > > Isn't the whole idea of building a house to sell considered
Actually, even buying a house with the purpose of turning> > an investment? > No, _buying_ a house to sell is an investment. Building a > house to sell is a _business_. around and selling it makes the house inventory rather than an investment. For example, you are able to buy a house in a foreclosure sale and think you can make some money from it. So you clean it up, paint it and sell it. Even if it takes longer than a year to sell, if the purpose of the purchase was to turn around and sell it, it's inventory. Stu << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#12
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| Stuart A. Bronstein wrote: - quote - > Victor Roberts <xxx[at]lighting-research.com> wrote: http://dictionary.reference.com/sear...pec+house&r=66 and> > Dick Adams <rdadams[at]smart.net> wrote: > > > What is a "spec home"? > > Usually one built to your specifications as opposed to a > > mass produced home or even an individual home built to an > > existing plan. > Where I come from "spec" stands for speculation. That is, > he builds it with the intent and hope of selling it for more > than what he put into it. Some people make money doing > that, some actually lose money. http://www.yourwebassistant.net/glos...htm#spec_house give conflicting definitions. The second one matches Stuart precisely. << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#11
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| Victor Roberts <xxx[at]lighting-research.com> wrote: - quote - > Dick Adams <rdadams[at]smart.net> wrote:
Where I come from "spec" stands for speculation. That is,> > What is a "spec home"? > Usually one built to your specifications as opposed to a > mass produced home or even an individual home built to an > existing plan. he builds it with the intent and hope of selling it for more than what he put into it. Some people make money doing that, some actually lose money. Stu << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#10
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| - quote - > Isn't the whole idea of building a house to sell considered
No, _buying_ a house to sell is an investment. Building a> an investment? house to sell is a _business_. - quote - > In~vest~ment n. - Property or another possession acquired
He didn't "acquire" the house, he built it.> for future financial return or benefit. Seth << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#9
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| Dick Adams <rdadams[at]smart.net> wrote: - quote - > Victor Roberts xxx[at]lighting-research.com wrote:
I don't see where the OP even suggested this.> > Dick Adams rdadams[at]smart.net wrote: > > > "Wayne Rivers" wayne[at]wayneriverscpa.com wrote: > > > > Question: > > > > > > > If someone owns land and builds a spec home on it and later > > > > sells it, is the capital gain long term because the land is > > > > owned over 1 year or short term because the house is sold > > > > soon after completion? > > > > > > > In this case, the taxpayer is not planning on doing this as > > > > a business - should be a one-time shot. He did the general > > > > contracting himself. > > > What is a "spec home"? If "spec home" means he built it on > > > the 'speculation' of making a profit, then his profits are > > > ordinary income. > > Usually one built to your specifications as opposed to a > > mass produced home or even an individual home built to an > > existing plan. > Keep in mind - the bulk of his profits come from the general > contractor (GC) fees he avoided by doing the work himself. > He certainly does not want to pay himself so he can pay the > self-employment taxes. - quote - > Also since he acted as his own GC, he may have a problem
A friend my mine built a house not far from here and he> convincing an auditor that the house was intended to be > his personal residence. acted as his own general contractor, and he still lives in the house after at least 5 years. I think the issue of the "intention" can best be inferred from whether or not he ever lived in it, whether it was his primary residence and for how long, and why he moved. I assume this is not black and white. - quote - > But even before you get that far, his gain on the house is
Agreed.> ordinary income because he did not own the house for at least > the year. He may have an argument on the land. -- Vic Roberts Replace xxx with vdr in e-mail address. << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#8
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| - quote - > > What is a "spec home"?
OR ... a house built on speculation - one where there is not> Usually one built to your specifications as opposed to a > mass produced home or even an individual home built to an > existing plan. a purchase contract in existence before construction is begun. (That's the common usage of the term in our area.) -- 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#7
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| Wayne Rivers wrote: - quote - > Question:
Then it is not a "spec home", rather a "spec"ulative house.> If someone owns land and builds a spec home on it and later > sells it, is the capital gain long term because the land is > owned over 1 year or short term because the house is sold > soon after completion? > In this case, the taxpayer is not planning on doing this as > a business - should be a one-time shot. He did the general > contracting himself. (A house is not a home, but that's another story.) anyway, it's a short term event, based on completion of the house, and not the longer term ownership of the underlying land. 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 (2006) - All rights reserved. > << ================================================== ===== > |
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#6
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| Dick Adams <rdadams[at]smart.net> wrote: - quote - > "Wayne Rivers" <wayne[at]wayneriverscpa.com> wrote:
I've always understood the term to apply to a house built on> > Question: > > If someone owns land and builds a spec home on it and later > > sells it, is the capital gain long term because the land is > > owned over 1 year or short term because the house is sold > > soon after completion? > What is a "spec home"? If "spec home" means he built it on > the 'speculation' of making a profit, then his profits are > ordinary income. "speculation." That is, a house built without intending to live in it but to sell it upon completion. All with the speculation that the final sale will result in a profit. Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans << ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== > |
| Tags |
| short, term, term or long |
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