Assume That a Building Is Subject to § 1250 Depreciation

question 51

Multiple Choice

Assume that a building is subject to § 1250 depreciation recapture because bonus depreciation [§ 168(k) ] was used. The building is destroyed in a hurricane, which is the taxpayer's only casualty or theft for the year.In which of the following situations could there be a § 1250 depreciation recapture gain?

• A)There is a loss because the insurance recovery is less than the adjusted basis.
• B)There is a gain because the insurance recovery exceeds the adjusted basis.
• C)Because of the length of time the building has been held, there is no remaining additional depreciation.
• D)There is no insurance recovery and the adjusted basis of the building is greater than zero.
• E)None of these.

---

Definitions:

Strict Liability

denotes a legal principle where a party can be held responsible for damages or loss without the plaintiff having to prove negligence or fault.

Punitive Damages

Financial compensation awarded to a plaintiff to punish the defendant for particularly harmful behavior and deter future similar actions.

Inherently Dangerous

Refers to activities or substances that, by their nature, pose a significant risk of harm.

Superseding Cause

A superseding cause is an unforeseeable event that interrupts the chain of causation, relieving a defendant from liability for harm caused after the event.