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OK online Form Instructions 4797: What You Should Know
Conversion or Assumption of Capital Assets, and begins: In general, the following rules apply when a taxpayer acquires property from the taxpayer's creditors pursuant to a court order under § 641(2) or § 1005 of the Code, or a civil judgment awarded pursuant to section 631 of the Code or § 1013(a)(11) of the Code. If the debt is for a purchase made at an auction or as otherwise authorized pursuant to paragraph (d) of section 1041(a) or (b) of the Code, then the property must be: Acquired from a qualified owner of the property within a reasonable time after the qualified owner's loss of title, and in such a manner that would qualify the property for special tax treatment under section 469 of the code. Acquired outside the United States and retained in the United States with the intent to permanently bring it back into the United States. In certain cases involving certain property acquired under the provisions of section 466(t) and the rules of sections 464(c) and 864, the taxpayer's intention to permanently retain the property outside the United States is not determination. Generally, it is more significant that the disposition is made within a reasonable time after the loss of title of the property and in such a way that the foreign nature of the property is apparent to a reasonable mind. The following general provisions apply: If a judgment or order is entered on the part of the taxpayer in favor of creditors or, in the case of judgments or orders acquired after April 13, 1934, against non-debtor persons, any disposition of property acquired in such a fashion is treated as an involuntary conversion, unless the taxpayer establishes that the disposition is made in proper time and, in the case of an involuntary conversion, the taxpayer proves that the purpose of the disposition was to provide income for property purchased by the taxpayer in connection with the particular sale. If a judgment or order is entered on the part of the taxpayer in favor of creditors or against non-debtor persons, any disposition of property acquired in such a fashion is treated as an involuntary conversion, unless the taxpayer establishes that the disposition is made in proper time and, in the case of an involuntary conversion, the taxpayer proves that the purpose of the disposition was to provide income for property purchased by the taxpayer in connection with the particular sale.
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