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Old 03-17-2005, 05:51 AM
bm30003700@aol.com
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Default Re: Stepped Up Basis, Building Owned by Taxpayer and Deceased Spouse

Yes, my client's wife died, that's why I am trying to verify
that step up occurs for the 50% partnership interests
(community property state), and, as the building was the
only partnership asset, step up in 50% of building occurs.
Looks like that is the case.

Thanks for the responses!

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  #1  
Old 03-14-2005, 01:29 AM
David Woods, EA, ChFC, CLU
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Default Re: Stepped Up Basis, Building Owned by Taxpayer and Deceased

"bm30003700[at]aol.com" <bm30003700[at]aol.com> wrote:

- quote -

> Recently, I asked about a building owned by a partnership.
> My client, an individual, and his spouse together owned a
> 50% interest in the partnership.
> It looks like I may not have phrased my question properly.
> Given that my client would have received a stepped up basis,
> had he and his wife owned 50% of the building outside of a
> partnership, wouldn't step up in basis also occur when they
> own the building vis a vis partnership interest.
> For example, if a property were purchased by my client and
> his spouse (50% interest), and another taxpayer (remaining
> 50% interest) with no mention of a partnership, step up
> would occur for my client upon the death of his spouse, I
> believe.


If the partnership owns the building, the partnership
interest gets a basis step up. If the individuals jointly
own the building, the ownership in the building gets a step
up.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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Old 03-13-2005, 11:34 PM
Stuart A. Bronstein
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Default Re: Stepped Up Basis, Building Owned by Taxpayer and Deceased Spouse

"bm30003700[at]aol.com" <bm30003700[at]aol.com> wrote:

- quote -

> Recently, I asked about a building owned by a partnership.
> My client, an individual, and his spouse together owned a
> 50% interest in the partnership.
> It looks like I may not have phrased my question properly.
> Given that my client would have received a stepped up basis,
> had he and his wife owned 50% of the building outside of a
> partnership, wouldn't step up in basis also occur when they
> own the building vis a vis partnership interest.


Why would there be a stepped up basis? Did somebody die?

A stepped up basis only applies to property that is
inherited from someone else.

- quote -

> For example, if a property were purchased by my client and
> his spouse (50% interest), and another taxpayer (remaining
> 50% interest) with no mention of a partnership, step up
> would occur for my client upon the death of his spouse, I
> believe.


To the extent of her interest (25%), or to the extent of the
community property, if they live is a community property
state (50%).

Stu

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  #-1  
Old 03-12-2005, 01:19 PM
bm30003700@aol.com
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Posts: n/a
Default Stepped Up Basis, Building Owned by Taxpayer and Deceased Spouse

Recently, I asked about a building owned by a partnership.
My client, an individual, and his spouse together owned a
50% interest in the partnership.

It looks like I may not have phrased my question properly.
Given that my client would have received a stepped up basis,
had he and his wife owned 50% of the building outside of a
partnership, wouldn't step up in basis also occur when they
own the building vis a vis partnership interest.

For example, if a property were purchased by my client and
his spouse (50% interest), and another taxpayer (remaining
50% interest) with no mention of a partnership, step up
would occur for my client upon the death of his spouse, I
believe.

Thanks for earlier responses.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
basis, building, deceased, owned, spouse, stepped, taxpayer
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