- 15 - respondent’s contention that section 1041 applies to this transaction.6 Petitioner husband relies on section 1.1034-1(c)(4), Income Tax Regs., for his assertion that he is entitled to include the entire outstanding mortgage balance on the new residence in the calculation of his acquisition cost. Section 1.1034-1(c)(4), Income Tax Regs., provides that the taxpayer's cost of purchasing the new residence includes not only cash but also any indebtedness to which the property purchased is subject at the time of purchase whether or not assumed by the taxpayer and the face amount of any liabilities of the taxpayer which are part of the consideration for the purchase. Petitioner husband maintains that he is entitled to include the entire outstanding mortgage on the property in his cost of purchasing the replacement residence despite the fact that he owns the King of Prussia property with his spouse. Petitioner husband entered into a private agreement in July of 1989 in which he agreed to assume one-half of the mortgage indebtedness of the King of Prussia property. This agreement states that the transfer of one-half of the property to petitioner husband was in exchange for his assumption of one-half of the mortgage indebtedness. We hold that petitioner husband’s 6Respondent contends that when the provisions for deferral of recognition of gain on the sale of a residence under section 1034 overlap the provision of sec. 1041 for married spouses, the provisions of sec. 1041 apply (a matter on which we express no opinion).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011