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Tax Research Problem 12-62

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In this tax research problem, we have a couple – Mr. and Mrs. Hattan, who have lived in their home for 20 years. They have purchased the home for $100,000 as joint tenants with right of survivorship. Mr. Hattan died in May of the current year when the house’s FMV was $800,000. Mrs. Hattan wants to sell the house. The purpose of this research is to determine the tax effect of selling the house this year for $825,000 or next year for $830,000.
This research is based on Internal Revenue Code sections 121 and 1014. We will determine what the most favorable choice is for Mrs. Hattan, as far as the property is concerned. It will be in her best interest to choose the option which will give her higher after-tax earnings from the sale. Legal fees and sales commission will not be considered for this problem.
Section 121 from the Internal Revenue Code explains the exclusions of gain from sale of principal residence. Based on the IRC § 121, Mrs. Hattan will be qualified for an exclusion of up to $500,000 as long as she sells the property no later than two years after the death of her spouse. This means that she can claim the exclusion no matter if she sells the house this or next year.
Section 1041 from the Internal Revenue Code states the rules for calculating the basis of the property acquired by a decedent. To determine the extent to which the gain from the sale of the property is taxable, we need to determine the basis of the property. According to IRC § 1041, the basis of the property is the FMV of the property on the date of the decedent’s death, which is $800,000. However, Mrs. Hattan’s basis in the property equals her original basis of $50,000 ($100,000/2) plus half of her late husband’s basis in the home ($400,000), which totals $450,000.
Mrs. Hattan’s recognized gain on the sale of the property equals the sales price minus the basis and exclusions. Based on Sec. 121, Sec. 1041, and the calculations above, if the property is sold this year, the recognized gain is $825,000-$500,000-$450,000, which equals negative 125,0000, meaning that there is no taxable gain on the sale. If Mr’s Hattan sells the property next year, she will not have a taxable gain on the sale either.
Based on the research, there won’t be any taxable gain on the sale, no matter when the property is sold. Therefore, whether the sale occurs this year, or the next, there will be no tax effect.

References

Internal Revenue Code. 26 USC § 1014 – Basis of property acquired from a decedent. Retrieved from http://www.law.cornell.edu/uscode/text/26/1014
Internal Revenue Code. 26 USC § 121 – Exclusion of gain from sale of principal residence. Retrieved from http://www.law.cornell.edu/uscode/text/26/121

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