Discussion:Sec 267 Loss - Sale to party related to 1/2 of joint owners

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Revision as of 13:59, 27 October 2009
Jmwcpa (Talk | contribs)
(My reading of 26)
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Revision as of 17:22, 27 October 2009
SCCPA (Talk | contribs)
(Perhaps I'm read)
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{{ForumReplyPost|UserID=Jmwcpa|Date=27 October 2009|Text=My reading of 267(c)(4) says that a STEP daughter (non blood relative) would NOT be a related party. Also, 267 doesn't seem to address the question of joint ownership. Any other thoughts?}} {{ForumReplyPost|UserID=Jmwcpa|Date=27 October 2009|Text=My reading of 267(c)(4) says that a STEP daughter (non blood relative) would NOT be a related party. Also, 267 doesn't seem to address the question of joint ownership. Any other thoughts?}}
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 +{{ForumReplyPost|UserID=SCCPA|Date=27 October 2009|Text=Perhaps I'm reading too much into it, but as I read it (c)(2) provides that an individual owns his/her spouse's interest, and the daughter is a child of one of the spouses.}}

Revision as of 17:22, 27 October 2009

Discussion Forum Index --> Advanced Tax Questions --> Sec 267 Loss - Sale to party related to 1/2 of joint owners
Discussion Forum Index --> Tax Questions --> Sec 267 Loss - Sale to party related to 1/2 of joint owners

Jmwcpa (talk|edits) said:

26 October 2009
If a husband and wife own property jointly and sell it to the daughter of ONE of them, do the disallowance rules apply to the entire loss? Does it matter if the property is owned as tenants in common as opposed to joint tenancy?

SCCPA (talk|edits) said:

27 October 2009
The disallowance rules apply and it doesn't matter if it is tenants in common or joint tenancy. See Sections 267(c)(2) and (c)(4) IRC.

Jmwcpa (talk|edits) said:

27 October 2009
My reading of 267(c)(4) says that a STEP daughter (non blood relative) would NOT be a related party. Also, 267 doesn't seem to address the question of joint ownership. Any other thoughts?

SCCPA (talk|edits) said:

27 October 2009
Perhaps I'm reading too much into it, but as I read it (c)(2) provides that an individual owns his/her spouse's interest, and the daughter is a child of one of the spouses.