- 7 - to a stepped-up basis equal to the fair market value of the shares when they disposed of the stock.4 Petitioners assert that if the transfers of stock are bona fide loans, their basis is calculated as the fair market value of the shares. If the transfers are gifts, as respondent argues, petitioners' basis is the transferred basis of the donor. Sec. 1015(a). We agree with respondent and hold that the shares of Price Co. stock transferred to petitioners in October and December 1987 were gifts and not loans. As gifts, petitioners are not entitled to a stepped-up basis in 7,000 shares, as they claim. Therefore, petitioners' basis in these shares is the same as their basis in other shares of Price Co. stock which they acknowledge were received as gifts. Since we find that all of petitioners' Price Co. shares were acquired by gift, petitioners' adjusted basis in the shares is the same as that of the donor, Drachman. Sec. 1015(a). Petitioner testified, and the account statements indicate that, Drachman's basis in the Price Co. stock was 10 cents per share. Accordingly, petitioners' carryover basis in 4 The purported loan documents indicate that one of the conditions of the transfers was "That the stock will be returned to [Drachman] upon request." This raises the questions of whether petitioners were required to report income from discharge of indebtedness when they sold the stock, or whether they had the right to sell the stock at all. Since we hold that all of petitioners' Price Co. stock was acquired by gift, we need not decide these questions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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