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Level 3
March 2, 2022
Solved

Partnership abandonment of leasehold improvements

  • March 2, 2022
  • 1 reply
  • 11 views

How to enter the abandonment of leasehold improvements on a partnership tax return (ProConnect Tax).  Have recorded the disposition (from the depreciation input area) and the numbers are correct, but they are populating Part I of Form 4797 instead of an Ordinary Loss in Part II of Form 4797.  How do I get this to flow through to Part II instead of Part I of the Form 4797?

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Best answer by TaxGuyBill

Interesting.  You are right.  I didn't know that.

§1.168-8 doesn't really say that, but Publication 544 does confirm that it is generally ordinary (I haven't traced where that is based on, but I'm assuming that is correct.

https://www.irs.gov/publications/p544#en_US_2021_publink100072287

 

As for how to enter it, I don't know if the program has an easy to to all it or not, but a work-around might be to just change the "placed in service" date and make it short-term.

1 reply

Level 15
March 2, 2022

Why do you think the loss should be ordinary?

Level 3
March 2, 2022

An abandonment of property is not treated as a sale or exchange - an abandonment loss is an ordinary loss regardless of whether or not the abandoned asset is a capital asset.  § 1.168(i)-8 (e)(2) If an asset is disposed of by physical abandonment, loss must be recognized in the amount of the adjusted depreciable basis of the asset at the time of the abandonment.  

If I am interpreting this incorrectly, please advise.

Thank you very much!

Level 15
March 2, 2022

Interesting.  You are right.  I didn't know that.

§1.168-8 doesn't really say that, but Publication 544 does confirm that it is generally ordinary (I haven't traced where that is based on, but I'm assuming that is correct.

https://www.irs.gov/publications/p544#en_US_2021_publink100072287

 

As for how to enter it, I don't know if the program has an easy to to all it or not, but a work-around might be to just change the "placed in service" date and make it short-term.