Sale of Residence

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  • Burke
    Senior Member
    • Jan 2008
    • 7068

    #1

    Sale of Residence

    TP in nursing home, sold personal residence. Contract signed before death; however, TP died and closing occurred after death. Assuming home gets stepped-up basis to heirs? Big money involved here between 125 exclusion allowed to TP and stepped-up basis to heirs.
  • New York Enrolled Agent
    Senior Member
    • Nov 2006
    • 1533

    #2
    Originally posted by Burke
    TP in nursing home, sold personal residence. Contract signed before death; however, TP died and closing occurred after death. Assuming home gets stepped-up basis to heirs? Big money involved here between 125 exclusion allowed to TP and stepped-up basis to heirs.
    Look at Rev Ruling 82-1 (and Rev Ruling 78-32 which is referenced) - they might answer your question but not the way you want it.

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    • Kram BergGold
      Senior Member
      • Jun 2006
      • 2112

      #3
      $250k

      It seems the sale is taxable to the decedent. You seemed to indicate the exclusion would be 125 bu tin fact it is $250,000.

      Comment

      • Burke
        Senior Member
        • Jan 2008
        • 7068

        #4
        No, I meant Sect 125 exclusion. Sorry. Tks for Rev Rulings, I will review.

        Comment

        • New York Enrolled Agent
          Senior Member
          • Nov 2006
          • 1533

          #5
          Originally posted by Burke
          No, I meant Sect 121 exclusion. Sorry. Tks for Rev Rulings, I will review.
          Typos are ugly

          Comment

          • Burke
            Senior Member
            • Jan 2008
            • 7068

            #6
            Originally posted by New York Enrolled Agent
            Typos are ugly
            Thanks for the comeuppance. Yes, it was a typo -- or a brain lapse, more likely. (And I used to be so good with numbers.....)

            Comment

            • Burke
              Senior Member
              • Jan 2008
              • 7068

              #7
              Well, here is a fine kettle of fish. Relayed info to TP/Client and they have already distributed all the money to multiple beneficiaries without any retention for taxes. (This is why attorneys usually hold real estate sales in escrow for a year.)
              Last edited by Burke; 10-21-2013, 04:30 PM.

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