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    Inherited property

    The father of my client died last year. He had 8 children. His home was valued at $175,000 on the date of his death.
    Daughter A bought the house for $70,000. She gave each of her siblings a check for $10,000. She also paid several thousand dollars on attorney's fees and title work, etc.The house needed much work done to it, but it sits on a couple of acres on a private lake.
    Each of the siblings got a 1099S for $10,000.

    One of the siblings wants me to do her tax return. 2 of the other siblings have already had their tax returns prepared and their tax person took a loss on the sale of the property.

    I asked on another board and was told that since it was sold to a related party the loss is not allowed, but some have already taken the loss.

    So which way is correct?

    Thanks, Linda

    #2
    No loss deduction

    The loss is not currently deductible for the reason you cited ... sold to a related party. (Code §267(a), §267(b)(1), and §267(c)(4))

    Speculation: The other preparer probably showed the loss as deductible simply because he doesn't know the law.
    Roland Slugg
    "I do what I can."

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      #3
      Thanks

      Thanks Roland for the reference. I will print it off and send it to her with her tax return.

      Maybe I'll get some other business from this, just because I did the research and did an accurate return.

      Linda F

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