Tonya Jefferson (single), a sole proprietor, runs a successful lobbying business in Washington, DC. She doesn't sell many business assets, but she is planning on retiring and selling her historic townhouse, from which she runs her business, to buy a place somewhere sunny and warm. Tonya's townhouse is worth $1,000,000 and the land is worth another $1,000,000. The original basis in the townhouse was $600,000, and she has claimed $250,000 of depreciation deductions against the asset over the years. The original basis in the land was $500,000. Tonya has located a buyer that would like to finalize the transaction in December of the current year. Tonya's marginal ordinary income tax rate is 35 percent, and her capital gains tax rate is 20 percent. Required:
a. What amount of gain or loss does Tonya recognize on the sale? What is the character of the gain or loss? What effect does the gain and loss have on her tax liability?
b. In additional to the original facts, assume that Tonya reports the following nonrecaptured 1231 loss:

Year Net §1231 Gains/(Losses)
Year 1 ($200,000)
Year 2 0
Year 3 0
Year 4 0
Year 5 0
Year 6 (current year) ?

c. What amount of gain or loss does Tonya recognize on the sale? What is the character of the gain or loss? What effect does the gain or loss have on her year 6 (the current year) tax liability?
d. Assuming the unrecaptured 1231 loss in part (b), as Tonya's tax advisorcould you make a suggestion as to when Tonya should sell the townhouse inorder to reduce her taxes? What would Tonya?s tax liability be if she adoptsyour recommendation??

Explanation:

Tonya Jefferson (single), a sole proprietor, runs a successful lobbying business in Washington, DC. She doesn't sell many business assets, but she is planning on retiring and selling her historic townhouse, from which she runs her business, to buy a place somewhere sunny and warm. Tonya's townhouse is worth $1,000,000 and the land is worth another $1,000,000. The original basis in the townhouse was $600,000, and she has claimed $250,000 of depreciation deductions against the asset over the years. The original basis in the land was $500,000. Tonya has located a buyer that would like to finalize the transaction in December of the current year. Tonya's marginal ordinary income tax rate is 35 percent, and her capital gains tax rate is 20 percent.

Required:

a. What amount of gain or loss does Tonya recognize on the sale? What is the character of the gain or loss? What effect does the gain and loss have on her tax liability?

b. In additional to the original facts, assume that Tonya reports the following nonrecaptured 1231 loss:

Year Net §1231 Gains/(Losses)

Year 1 ($200,000)

Year 2 0

Year 3 0

Year 4 0

Year 5 0

Year 6 (current year) ?

c. What amount of gain or loss does Tonya recognize on the sale? What is the character of the gain or loss? What effect does the gain or loss have on her year 6 (the current year) tax liability?

d. Assuming the unrecaptured 1231 loss in part (b), as Tonya's tax advisorcould you make a suggestion as to when Tonya should sell the townhouse inorder to reduce her taxes? What would Tonya?s tax liability be if she adoptsyour recommendation??

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