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On September 1, of the current year, Samuel, a cash-basis taxpayer, sells his cottage to Edward, also a cash-basis taxpayer for $100,000. Samuel's basis in the cottage is $65,000. The real property tax year is the calendar year. Real estate taxes on the property for the year are $3,650 and are payable on April 1 of the following year. The sales agreement does not provide for apportionment of real estate taxes between the buyer and seller. Assume Samuel pays all of the real estate taxes prior to the sale. The effects of this sales structure will be:
Conversion
The unauthorized act of taking or using someone else’s property and exercising rights over it, treating it as if it were one's own.
Trespass to Personal Property
The intentional interference with an individual's rightful possession of personal property without consent.
Intent
A determination or resolve to perform an act for a specific purpose, often a crucial factor in legal analysis to establish wrongdoing or contractual agreements.
Social Darwinism
A theory that applies Darwin's concept of natural selection to societies, suggesting that individuals or groups achieve advantage over others as a result of genetic or biological superiority.
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