The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.
Michael S. Weiner,
Real Property: For Connoisseurs of the Preposterous - When Is It a Capital Asset,
24 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol24/iss4/2