Martin Feldman and Lynne Z. Gold-Bikin - Page 10

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          spouse in the property shall be the adjusted basis of the                   
          transferor in the portion transferred.                                      
               Petitioner husband contends that because the King of Prussia           
          property is held in a tenancy by the entirety, for purpose of               
          section 1034, he is treated as an owner of the entire interest in           
          the King of Prussia property.  Accordingly, petitioner husband              
          asserts that he is entitled to include all the amounts expended             
          for construction and reconstruction of the King of Prussia                  
          property.                                                                   
               In Pennsylvania, a tenancy by the entirety is an estate per            
          tout et non per my (by the whole and not by the half).  Sterrett            
          v. Sterrett, 401 Pa. 583, 585, 166 A.2d 1, 2 (1960).  The                   
          distinctive characteristic of a tenancy by the entirety is that             
          it is deemed to be owned by a single entity, the marital                    
          community.  While a tenancy by the entirety resembles a common              

          5(...continued)                                                             
                       INCIDENT TO DIVORCE.                                           
                    (a) General Rule.--No gain or loss shall be                       
               recognized on a transfer of property from an individual                
               to (or in trust for the benefit of)--                                  
                         (1) a spouse, or                                             
                         (2) a former spouse, but only if the transfer is             
                    incident to the divorce                                           
                    (b) Transfer Treated as Gift; Transferee Has                      
               Transferor's Basis.--In the case of any transfer of                    
               property described in subsection (a)--                                 
                         (1) for purposes of this subtitle, the                       
               property shall be treated as acquired by                               
               the transferee by gift, and                                            
                         (2) the basis of the transferee in the                       
               property shall be the adjusted basis of                                
               the transferor.                                                        




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