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Thanks Matt for a decent question. The best way to answer is to remind you
an aircraft, when bought, sold, or held by an individual "person" is NOT deemed "real property" per se.., as others would have you believe, and therefore is not automatically seen as a "gain", simply because at that stage it is "personal property", not real property unless (and here we go again), the aircraft is brought, held, or used in the course of a business, or part of some inventory for sale. It is "business activities".., NOT individual purchases that generate "income" (as defined) through their business P/L statements, which make these businesses "libel" to pay a tax (after assessment)..! So now, back to the "individual" as a "tax payer"..!! The IRS code (surprisingly enough) nowhere "defines" income to the individual as having an "income." Then here is the sticky point with the tax guys, as everybody has bought into the "idea" (not in the code) that an individual is a "person" with a liability or duty to pay a tax on income "before" having been properly accessed!! This one question is the very one the IRS has yet to ever supply me with an answer for. Every time they have mailed me a "Notice of Deficiency" I have simply asked them for the date, and by whom I was accessed the amount of deficiency..!! It has never gone beyond this stage for lo these past 22 years..!! Now, call me an idiot, a liar, or whatever.., but do the research..!! We should all just go about our "business", and if the IRS comes to you.., then just ask as by "law" they must answer you..!! Worst case matter is.., if you think you might owe some money.., then hold it aside in a saving account drawing interest and pay them later.., AFTER they have proved that you are the "person" that owes the tax to begin with. They can't fine you, or add penalties and interest as long as you respond to their notice in a "timely manner", and they know it..!! |
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