- 34 - equity divided equally upon that sale. The November 29, 1988, modification to the divorce judgment provided that Florence would sell the Burlington property and that Mr. Bowers would receive 25 percent of the net proceeds and Florence 75 percent. Thus, as of November 29, 1988, Mr. Bowers had no more than a 25-percent interest in the Burlington property. Bachyrycz v. Gateway Bank, 30 Conn. App. 52, 618 A.2d 1371 (1993). Petitioners chose to have Florence transfer title to the Trust. They elected to style the Trust as one for the benefit of Deborah, not for Mr. Bowers or for themselves jointly. By doing so, they caused Mr. Bowers' equitable interest to be extinguished upon the transfer of title to the Trust. In essence, Florence transferred both her 75-percent interest and Mr. Bowers' 25- percent interest to the Trust for the benefit of Deborah. The transfer to the Trust can be viewed as part gift and part sale. Mr. Bowers received no cash, but realized (was relieved of) 25 percent of the liabilities to which the property was subject at the time of transfer to the Trust. Where a transfer of property is in part a sale and in part a gift, the unadjusted basis of the property in the hands of the transferee is the sum of-- (1) Whichever of the following is the greater: (i) The amount paid by the transferee for the property, or (ii) The transferor's adjusted basis for the property at the time of the transfer, and (2) The amount of increase, if any, in basis authorized by section 1015(d) for gift tax paid * * *. Sec. 1.1015-4(a), Income Tax Regs.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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