Question

Which of the following examples of business use property is NOT eligible for section 1231 treatment...

Which of the following examples of business use property is NOT eligible for section 1231 treatment when sold at a gain?

a. Sale of land held for three years
b. Net gain from a casualty gain on a dump truck held for two years
c. Sale of a leasehold held for more than a year
d. Sale of dairy cattle held for 14 months
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Answer #1

Solution: The Answer is

d. Sales of dairy cattle held for 14 months

Reason:

Eligibility under section 1231 will be given in the following cases:

1) Sale or exchange of real and personal properties.

2) Leaseholds either sale or exchanged.

3) Cattle or horses sold or exchanged subjected to be held for 2 years and used for dairy, breeding etc

Here in this question, dairy cattle is held for 14 months, which is less than 2 years. So, section 1231 does not applies.

So, Remaining options a,b,c are incorrect because option d is correct.

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