Related Property Losses Flashcards
no deduction under 267 for any sale to a
267b relative
analysis:
start with calculating gain loss 1001; then to 165 if its deductble, subject to 267.
relative sale
special rules
why do we not allow loss on sale to relative
cant trust valuation- is it part gift part sale?
Brother in law
isnt a relative for this purpose
brother in law problem
indreict sales- not allowed
step transaction doctrine
cant use strawmen!
congress sometimes allow
strawmen
BIL sale- community funds
seller gets 1/2 loss since 1/2 part sale part gift. since comm funds.
267b impacts the ___ msot
seller
267 b extends to…
business entities- cant sell at a loss to a entity in which you are majority shareholder - CONSIDERED a relative
shares of family
attributed to YOU!
while seller cant take loss in relative sale
the buyer takes cost basis, and is allowed to take previously disallowed loss when they sale on a gain- deduct from gain.