If I were preparing for either..... .... I would have aerial photographs if such show the lines.....or don't show the lines. If seller, I would have prior year tax returns showing tile purchased/not purchased, and if purchased, would have invoices and affidavits from anyone involved in installation as to where installation occurred. If buyer.... ...aerial maps, pictures of tile outlets, stand-pipes, etc. maps showing layout (since then IRS could choose any spot along those lines and ask for a digging), topographic maps showing lay of land, and how that ties to tile outlets and logical placement of tile lines. Always remember.......as crappy as it is.........IRS has the right under statute to argue out of both sides of its mouth.... .....it could argue against the seller that tons of tile was out there--------- which, if the seller was being honest, and did his homework by showing the location of tile that he had previously included and depreciated in his prior tax returns, the seller would easily refute.......and IRS would not pursue that. The seller has the advantage (or maybe disadvantage, depending on the stance he took) of being able to use prior tax returns as evidence. NOTE also that it is REMOTELY POSSIBLE.......depending upon the circumstances..........that if seller installed tile years before, but did NOT take any or just nominal depr on it, that such undepreciated basis in that old tile would add to the basis of the overall land.........and hence helping seller's position. The buyer would be the one that is typically cooked.........in the absence of tile maps drawn and signed by the seller.........the buyer is at the mercy of no documentation........and therefore would have to be real creative and detailed, in order to build a case that would be believable by a court. That is why I emphasize that especially buyers need to be just "pigs"........and do a detailed job of documentation..........and I would, if I had to choose just one item, choose a tile map drawn on a topo map. Take pictures of stand-pipes and outlets.........and then tie all of that together in the maps showing how the area could be drained to those outlets. Is it worth it? Well..........say it takes a full three days = 24 hours. Say.........50,000 of tile dollars........ x 15% income tax and 15% self employment tax.......and 6% state tax. = 36% x 50K = 18,000 taxes. 18,000 taxes / 24 hours = 750 per hour effective wages. Or, say one spends an entire week....... 40 hours....... = 450.00 per hour wages. Seems to me to be worth the trip........especially since the money was already spent for the tile/land.
Edited by jakescia 3/3/2017 09:32
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