artp Posted March 25, 2016 Report Posted March 25, 2016 Taxpayer (son) sold investment real estate acquired by gift (quit claimed deed) from Mom. Sales price to unrelated party was $60,000. Mom inherited 50% interest in the property from her father. The other 50% went to Mom’s brother. Property was valued at $66,000 in the estate. Several years later when value was depressed Mom bought her brother’s 50% interest for $12,000. Question: What is son’s basis in the property? Does he get date of death value for 50% interest that his mother purchased from her brother or is that 50% based on the $12,000 that she paid? Quote
jklcpa Posted March 25, 2016 Report Posted March 25, 2016 Son's basis is mom's basis of $45K. Mom's basis is $33K for the 50% inherited (50% of $66K total value in the estate) plus $12K for the other 50% she acquired by purchase from her brother. Ask if mom made any improvements to the property before deeding to son, or if son made any improvements before the sale. 3 Quote
kcjenkins Posted March 25, 2016 Report Posted March 25, 2016 I agree with Judy, as a gift it's based on the giver's basis, not the basis of the person she bought it from. Quote
artp Posted March 25, 2016 Author Report Posted March 25, 2016 Thanks for the reply. There were no improvements made. Quote
artp Posted March 25, 2016 Author Report Posted March 25, 2016 One further thought. Does the fact that the brother can not deduct the $18K loss ($30K-$12K=$18K) have any effect on Mom's basis that gets passed on to the son for that 50%? Is that $18K just lost out to everyone? Quote
gfizer Posted March 25, 2016 Report Posted March 25, 2016 3 hours ago, artp said: One further thought. Does the fact that the brother can not deduct the $18K loss ($30K-$12K=$18K) have any effect on Mom's basis that gets passed on to the son for that 50%? Is that $18K just lost out to everyone? The $18,000 loss would have been dealt with by the brother when he reported the sale of his interest to your client's mother. It has no affect on your client's basis 2 Quote
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