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Sally and Bob are debating the tax treatment of gains realized on the sale of real property. One property, a building in Texas, was sold

Sally and Bob are debating the tax treatment of gains realized on the sale of real property. One property, a building in Texas, was sold by Bob in 2022, resulting in an a gain of $90,000. Sally argues that this is an unrecaptured section 1250 gain. When do unrecaptured section 1250 gains apply?

When the taxpayer makes the election

a. It applies only when noncorporate taxpayers sell depreciable real property at a gain

b. It applies when 1245 recapture trumps 1250 recapture

c. It applies only when real property purchased before 1986 is sold at a gain

d. None of the choices are correct.

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