Rule: Capital assets include property (real and personal) held
by the taxpayer for investment, such as:
Personal automobile of the taxpayer
Furniture and fixtures in the home of the taxpayer
Stocks and securities of all types (except those held by dealers)
Personal property of a taxpayer not used in a trade or
business
Real property not used in a trade or business
Interest in a partnership
Goodwill of a corporation
Copyrights, literary, musical, or artistic compositions purchased
Other assets held for investment
Items that are NOT capital assets include:
Property normally included in inventory or held for sale to customers in the
ordinary course of business
Depreciable personal property and real estate used in a trade or
business
Accounts and notes receivable arising from sales or services in the
taxpayer's business
Copyrights, literary, musical, or artistic compositions held by the original artist (with the exception of musical compositions held by the
original artist)
Treasury stock (not an ordinary asset and not subject to capital gains
treatment)
Choice "a" is correct. Per the above information and rule, real property not
used in a trade or business (e.g., land held for investment) is a capital
asset.
Choice "c" is incorrect. Per the above information, property normally
included in inventory or held for sale to customers in the ordinary course of
business is NOT a capital asset.
Choice "b" is incorrect. Per the above information, accounts and notes
receivable arising from sales or services in the taxpayer's business are NOT
capital assets.
Choice "d" is incorrect. Per the above information, depreciable personal
property and real estate used in a trade or business (such as a computer system)
is NOT a capital asset.