-5- petitioner could receive a stepped-up basis for only 50 percent of the date of death value of the CPW shares. Accordingly, respondent determined that petitioner had a basis in the CPW shares of $428,340, composed of the following amounts: One-half of the original cost basis ($22,000), one-half of the date of death value ($350,000), $43,200 of commissions, and $13,140 of transfer taxes.3 From the $720,000 selling price, respondent subtracted the $428,340 basis and allowed the section 121 one- time exclusion of $125,000 of gain from the sale of a principal residence to determine a gain on sale of $166,660. Discussion Petitioner argues that because the joint tenancy was created prior to January 1, 1977, and because she provided no part of the consideration for the purchase, the contribution rule of section 2040(a) is applicable and, consequently, under section 1014, she is entitled to a stepped-up basis in 100 percent of the property. Respondent argues that because petitioner's husband died after 1981, as a matter of law the 50-percent inclusion rule of section 2040(b)(1) is applicable and that petitioner is entitled to a stepped-up basis under section 1014 in only 50 percent of the property. Alternatively, respondent argues that if the contribution rule of section 2040(a) is applicable, petitioner 3Respondent did not include the $572 of transfer fees and $1,500 for asbestos removal in petitioner's basis.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011