Therese Hahn - Page 5

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          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.                          




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