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).
- 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.]
- (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.] [Blacks Law 8th]