Agricultural Land Capital-Asset Status Requires Proof of Municipal Limits Before Capital Gains and Exemption Claims Are Decided
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....Agricultural land located within municipal limits is a capital asset, while aerial-distance and population criteria apply only to land outside those limits. Municipal jurisdiction on the transfer date must be established through underlying official material rather than an unproduced report, requiring fresh verification. An agricultural-land reinvestment exemption may be claimed for the first time before the Tribunal where relevant facts are already on record, but depends on proof of prior agricultural use and the qualifying purpose of replacement land. Stamp-duty valuation adjustment on purchase also requires reconsideration after determining whether the taxpayer disputes the value. All issues require fresh adjudication after evidence and hearing.....
TaxTMI