Question
Tammy owned Greenacre for investment purposes for five years. Today, April 15th, she sold Greenacre, adjusted basis $200,000, to Timmy. Greenacre was subject to a
Tammy owned Greenacre for investment purposes for five years. Today, April 15th, she sold Greenacre, adjusted basis $200,000, to Timmy. Greenacre was subject to a mortgage with a remaining principal balance as of the date of sale of $40,000. Timmy, who is unrelated to Tammy, pays Tammy $350,000 cash and assumes the mortgage (the bank releases Tammy). Timmy will use Greenacre in his sole proprietorship (Schedule C) business.
How much is Tammys realized gain on the sale of Greenacre?
What is the character of Tammys gain on the sale of Greenacre?
If Timmy had agreed to pay the entire 2021 property tax on Greenacre ($34,000) as part of the negotiation with Tammy, how much of that pay-ment would he have to treat (for FIT purposes) as additional purchase price?
If Timmy (i) had hired a lawyer to negotiate with Tammy and to prepare or review the purchase agreement and other documents required before or at the closing of the transaction and (ii) had paid that lawyer her $12,000 fee three weeks after the closing (because she didnt send Timmy her bill until after the closing), would that payment have to be treated by Timmy (for FIT purposes) as additional purchase price or would it be deductible in the current year under 162?
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