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Tracing rules for loan proceeds & land developer gain

by | Dec 2, 2023 | Posted Questions

Tracing rules for loan proceeds & land developer gain

Case 1:

A lawyer withdraws his entire capital account from his law
firm and uses the funds to finance the purchase of a home in which he resides.
On the same day, the lawyer borrows an equivalent amount of funds by way of
bank loan and deposits the funds to his law firm.

Issue: Is the interest expense on the bank loan deductible
for tax purposes by the lawyer?

Case 2:

An accountant, whose entire practice consists of real estate
agents and real estate developers, purchased, on the advice of a client, a
parcel of raw land two years ago for $50,000. The accountant today accepted an
offer to purchase the land from a third party for $125,000. The third party is
going to use the parcel of land as part of a golf course development.
Disposition costs will amount to $15,000.

Issue:

1. What is the amount of the gain to be reported by the
accountant for income tax purposes?

2. Advise the accountant on the nature of taxation of his
gain on the sale of the land for income tax purposes?

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