Irc Section 1221
Normal taxes and surtaxes.
Irc section 1221. 1221 a 1 stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business. Section 1221 definition of a capital asset historically a distinction has been made between the taxation of capital gains and ordinary income. Internal revenue code 1221.
For more detailed codes research information including annotations and citations please visit westlaw. Capital gains and losses. The taxation of capital gains has been given preferential treatment.
Section 1221 defines capital asset as property held by the taxpayer whether or not it is connected with the taxpayer s trade or business. However property used in a taxpayer s trade or business and of a character that is subject to the allowance for depreciation provided in 167 is not a capital asset. D section 1221 4 excludes from the definition of capital asset accounts or notes receivable acquired in the ordinary course of trade or business for services rendered or from the sale of stock in trade or inventory or property held for sale to customers in the ordinary course of trade or business.
General rules for determining capital gains and losses.