Donald D. Bowers and Deborah Bowers - Page 34

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            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.                                                         




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