Tonya Jefferson, a sole proprietor, runs a successful lobbying business in Washington, D.C. She doesn't sell many business assets, but she is planning on retiring and selling her historic townhouse, from which she runs her business in order to buy a place somewhere sunny and warm. Tonya's townhouse is worth $1,000,000 and the land is worth another $1,000,000. The original basis in the townhouse was $600,000, and she has claimed $250,000 of depreciation deductions against the asset over the years. The original basis in the land was $500,000. Tonya has located a buyer that would like to finalize the transaction in December of the current year. Tonya's marginal ordinary income tax rate is 35 percent.

In addition to the original facts, assume that Tonya reports the following nonrecaptured net §1231 loss:

Net §1231
Year Gains/(Losses)
Year 1 $(200,000)
Year 2 0
Year 3 0
Year 4 0
Year 5 0
Year 6 (current year) ?
What amount of gain or loss does Tonya recognize on the sale?

What is the character of the gain or loss?

As Tonya's tax advisor, you suggest that Tonya sell the townhouse in year 7 in order to reduce her taxes.


c-1. What is the character of the gain or loss if Tonya sells the townhouse in year 7?

$250,000 Unrecaptured §1250 and 900,000 other §1231 gain
1,150,000 Unrecaptured §1250
$900,000 Unrecaptured §1250 and 250,000 other §1231 gain

c-2. What would Tonya's tax liability or (tax savings) be if she sells the townhouse in year 7?