Related Property Losses Flashcards

1
Q

no deduction under 267 for any sale to a

A

267b relative

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2
Q

analysis:

A

start with calculating gain loss 1001; then to 165 if its deductble, subject to 267.

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3
Q

relative sale

A

special rules

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4
Q

why do we not allow loss on sale to relative

A

cant trust valuation- is it part gift part sale?

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5
Q

Brother in law

A

isnt a relative for this purpose

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6
Q

brother in law problem

A

indreict sales- not allowed

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7
Q

step transaction doctrine

A

cant use strawmen!

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8
Q

congress sometimes allow

A

strawmen

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9
Q

BIL sale- community funds

A

seller gets 1/2 loss since 1/2 part sale part gift. since comm funds.

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10
Q

267b impacts the ___ msot

A

seller

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11
Q

267 b extends to…

A

business entities- cant sell at a loss to a entity in which you are majority shareholder - CONSIDERED a relative

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12
Q

shares of family

A

attributed to YOU!

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13
Q

while seller cant take loss in relative sale

A

the buyer takes cost basis, and is allowed to take previously disallowed loss when they sale on a gain- deduct from gain.

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