Chapter 8 Losses and Bad Debts Learning Objectives Identify transactions that may result in losses Determine the proper classification for losses Calculate the suspended loss from passive activities Identify what constitutes a passive activity loss Learning Objectives Determine when a taxpayer has materially participated in a passive activity Identify and calculate the deduction for a casualty or theft pute the deduction for a bad pute operating loss deduction Transactions That May Result In Losses Sale or exchange of property Expropriation, seizure, or confiscation of property Abandonment of property Worthless securities Demolition of property Classifying The Loss On A Taxpayer’s Return Ordinary vs. Capital loss Disallowance possibilities Ordinary Vs. Capital Loss Dependent on type of property involved and type of transaction involved Losses on qualifying Sec. 1244 stock are treated as ordinary rather than capital loss($50,000 limitation or $100,000 if filing MFJ) Qualification as Sec. 1244 Stock Must be issued and owned by an individual or partnership Corporation must be domestic Stock must be issued for cash or property, not services Qualification as Sec. 1244 Stock Corporation must not have derived > 50% of gross receipts from passive e sources during the immediately preceding 5 tax years, and At the time stock is issued, the amount of money and property contributed to both capital and paid-in surplus may not exceed $1 million Disallowance Possibilities Transfers of property to a controlled corporation in exchange for stock Property sold to certain related parties Wash sales Losses limited because the losses exceed the amount for which the taxpayer is at risk. Passive Losses Computation of passive losses and credits Carryovers Definition of passive activity
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