Which of the following sales should be reported as a capital gain?

Choice "d" is correct. Government bonds held by an individual investor are considered capital assets

in the hands of the investor. When these types of security investments are sold, the resulting gain or

loss is reported as capital.

Choice "a" is incorrect. In this case, we must assume that the BEST answer is option "d" (as that

option would ALWAYS result in capital gain or loss treatment) and that the examiners are assuming

that the equipment is depreciable equipment that has been used in a business for over one year. [If

the equipment had been considered a personal asset by the examiners and had sold for a gain, it

would also be a capital asset that sold for a capital gain, and there would be two correct answers.

Remember that the correct answer is the option that best answers the question.] Depreciable

equipment used in a business and held for over one year falls under the category of Section 1245

property. When Section 1245 assets are sold at a gain, all the accumulated depreciation on the asset

is recaptured as ordinary income (the same category as the depreciation expense was deducted

against), and any remaining gain (typically, in practice, this is not the case, though, as the asset would

have had to sell for an amount greater than its purchase price) is capital gain under Code Section

1231. [Note that Section 1245 applies only to gains. If the asset had sold for a loss, the loss would

have been ordinary under Section 1231.]

Choice "b" is incorrect. Real property sold by a dealer is considered inventory and results in ordinary

income or ordinary losses upon sale. Inventory is not a capital asset and is not afforded the capital

gain benefits.

Choice "c" is incorrect. Inventory is not a capital asset and is not afforded the capital gain benefits.

The sale of inventory results in ordinary income or loss (e.g., gross profit on sales) being reported on

the tax return, as inventory is an asset held for sale in the ordinary course of business.