gain

gain, n.

1. An increase in amount, degree, or value.

pecuniary gain.

1. A gain of money or of something having monetary value.

2. Criminal law. Any monetary or economic gain that serves as an impetus for the commission of an offense. • In most states, an offense and its punishment are aggravated if the offense was committed for pecuniary gain. Murder, for example, is often ag-gravated to capital murder if the murderer is paid to commit the crime. See SOLICITATION(2).

2. Excess of receipts over expenditures or of sale price over cost. See PROFIT(1).

3. Tax. The excess of the amount realized from a sale or other disposition of property over the property’s adjusted value. IRC (26 USCA) § 1001.

— Also termed realized gain; net gain. [Cases: Internal Revenue 3178–3216. C.J.S. Internal Revenue §§ 107–108, 110–126, 132–134, 136, 283.]

capital gain. See CAPITAL GAIN.

extraordinary gain. A gain that is both unusual and infrequent, such as the gain realized from selling a large segment of a business.

ordinary gain. A gain from the sale or exchange of a noncapital asset. Cf. CAPITAL GAIN.

recognized gain. The portion of a gain that is subject to income taxation. IRC (26 USCA) § 1001(c). See BOOT(1). [Cases: Internal Revenue 3178–3216. C.J.S. Internal Revenue §§ 107–108, 110–126, 132–134, 136, 283.]

4. (pl.) Civil law. A type of community property that reflects the increase in property value brought about by the spouses’ common skill or labor. See COMMUNITY PROPERTY; ACQUET. [Cases: Husband and Wife 258.]


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