- 9 - 1034(g) to be treated as a single taxpayer for purposes of determining the old residence's adjusted sale price, the new residence's cost, the gain rolled over, and the new residence's basis. Sec. 1034(g); sec. 1.1034-1(f), Income Tax Regs. A section 1034(g) special election cannot be made in this case because both spouses did not reside in the husband’s former residence. In February 1989, petitioner wife transferred title in the King of Prussia property, which was owned solely by her, to herself and her husband, for consideration of $1. The deed that transferred ownership in the King of Prussia property did not specify whether the tenancy that was created was a joint tenancy or a tenancy by the entirety. Under Pennsylvania law, when married persons take title to a piece of property in the name of husband and wife, a presumption arises that such title vested in them by entirety, and because there is nothing in this record contradicting that presumption, we find that such conveyance created a tenancy by the entirety in the new residence. See Commissioner v. Estate of Bosch, 387 U.S. 456 (1967); In re Meyer’s Estate (No. 1), 232 Pa. 89, 81 A. 145 (1911). The transfer of petitioner wife's interest in her residence to petitioner husband constituted a nontaxable gift under section 1041.5 Pursuant to section 1041, the basis of the transferee 5SEC. 1041. TRANSFERS OF PROPERTY BETWEEN SPOUSES OR (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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