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Subject Author Date
sold inherited house SMF 12-28-2006
Posted by joetaxpayer on December 28, 2006, 9:13 pm
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SMF wrote:

> Parent transfered house to son for $1 in 1990. Son sold in
> 2006. Would the house basis be the FMV on the date he bought
> or really looks like inherited?

Neither. Your basis is $1, and if you lived there in 2 of
the last five years you can exempt $250K worth of gain,
$500K if you are married.

The transfer of homes in this manner is one of the worst
ways to lose the step up in basis that would usually happen
when you inherit a house the regular way. Presumably, the
house was worth over $20K in 1990, they should have filled
out gift tax forms for the IRS, otherwise the attorney who
helped with that transfer missed an important item.

JOE
JoeTaxpayer.com

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Posted by Seth Breidbart on December 29, 2006, 8:07 am
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>> Parent transfered house to son for $1 in 1990. Son sold in
>> 2006. Would the house basis be the FMV on the date he bought
>> or really looks like inherited?

> Neither. Your basis is $1,

or the parent's basis, if higher.

Seth

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<< that may be imposed upon the taxpayer. >>
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Posted by joetaxpayer on December 29, 2006, 8:52 pm
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>>> Parent transfered house to son for $1 in 1990. Son sold in
>>> 2006. Would the house basis be the FMV on the date he bought
>>> or really looks like inherited?

>> Neither. Your basis is $1,

> or the parent's basis, if higher.

If the parents didn't file a proper gift return, I don't see
that the son could use their basis. If he bought a house
from a stranger at a bargain price, his basis is the
(bargain) sale price. I understand that dealing with a
relative has its own set of tax concerns and warnings. So
where is the gift aspect accounted for?

JOE

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
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Posted by Stuart A. Bronstein on December 30, 2006, 2:48 pm
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>>>> Parent transfered house to son for $1 in 1990. Son sold in
>>>> 2006. Would the house basis be the FMV on the date he bought
>>>> or really looks like inherited?

>>> Neither. Your basis is $1,

>> or the parent's basis, if higher.

> If the parents didn't file a proper gift return, I don't see
> that the son could use their basis. If he bought a house
> from a stranger at a bargain price, his basis is the
> (bargain) sale price. I understand that dealing with a
> relative has its own set of tax concerns and warnings. So
> where is the gift aspect accounted for?

It's a gift even if a gift tax return was not filed. The
effect is that the statute of limitations never runs on the
return, and the value of the property will be pulled back
into the parents' estate, though that is unlikely to result
in a stepped up basis.

I don't remember off the top of my head if the value
included in the estate will be the value on the date of the
gift, or the date of death.

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Seth Breidbart on December 30, 2006, 2:48 pm
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wrote:

> If the parents didn't file a proper gift return, I don't see
> that the son could use their basis.

Why not?

> If he bought a house
> from a stranger at a bargain price, his basis is the
> (bargain) sale price.

If he bought from a stranger, the price he paid is Fair
Market Value by definition.

Seth

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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