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Old 09-05-2005, 03:33 AM
Dee
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Default Re: Estate tax paid on house

"Herb Smith" <smithff33[at]aol.com> wrote in
- quote -

> Dee wrote:

> > My father passed away in 1996. I rented out his house for
> > several years, then fixed it up and sold it this year.
> > > I am already deducting a little of the estate tax each year

> > as a miscellaneous deduction not subject to 2% limitation
> > under IRC sec 691(c). Can I also deduct the estate tax that
> > was paid from the house sale? Or maybe add it to the cost
> > basis?


> What "estate tax" did you pay nine years after the
> decedent's death? There is no deduction for estate tax paid
> on assets of the decedent, except those that are classified
> as "income in respect of decedent" (such as pensions, IRAs,
> etc) where there is no stepup in basis.


The deduction that I'm taking now is for IRD. I thought
maybe there was something similar for estate tax that was
paid on the stepped-up basis of the house at the time of
death. It amounts to something like $12,000.

Dee

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #2  
Old 09-05-2005, 03:14 AM
David Woods, EA, ChFC, CLU
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Default Re: Estate tax paid on house

"Dee" <d[at]d.d> wrote:

- quote -

> My father passed away in 1996. I rented out his house for
> several years, then fixed it up and sold it this year.
> I am already deducting a little of the estate tax each year
> as a miscellaneous deduction not subject to 2% limitation
> under IRC sec 691(c). Can I also deduct the estate tax that
> was paid from the house sale? Or maybe add it to the cost
> basis?


You didn't pay any estate tax on the house sale. Therefore,
you have nothing to deduct or adjust basis for.

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

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #1  
Old 09-05-2005, 02:36 AM
D. Stussy
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Posts: n/a
Default Re: Estate tax paid on house

Dee wrote:

- quote -

> My father passed away in 1996. I rented out his house for
> several years, then fixed it up and sold it this year.
> I am already deducting a little of the estate tax each year
> as a miscellaneous deduction not subject to 2% limitation
> under IRC sec 691(c). Can I also deduct the estate tax that
> was paid from the house sale? Or maybe add it to the cost
> basis?


No. The sale of the house is not income with respect to a
decedent, even if the house itself is inherited.

In performing the IRC 691(c) computation, you were already
required to segregate normal assets from receivables that
represent income (and some deductible expenses that were
liabilities). Subsequent action by the estate or a
beneficiary (other than electing the alternative valuation
date) does not change the allocation.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 
Old 09-03-2005, 03:57 AM
Herb Smith
Guest
 
Posts: n/a
Default Re: Estate tax paid on house

Dee wrote:

- quote -

> My father passed away in 1996. I rented out his house for
> several years, then fixed it up and sold it this year.
> I am already deducting a little of the estate tax each year
> as a miscellaneous deduction not subject to 2% limitation
> under IRC sec 691(c). Can I also deduct the estate tax that
> was paid from the house sale? Or maybe add it to the cost
> basis?


What "estate tax" did you pay nine years after the
decedent's death? There is no deduction for estate tax paid
on assets of the decedent, except those that are classified
as "income in respect of decedent" (such as pensions, IRAs,
etc) where there is no stepup in basis.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 09-02-2005, 02:41 AM
Dee
Guest
 
Posts: n/a
Default Estate tax paid on house

My father passed away in 1996. I rented out his house for
several years, then fixed it up and sold it this year.

I am already deducting a little of the estate tax each year
as a miscellaneous deduction not subject to 2% limitation
under IRC sec 691(c). Can I also deduct the estate tax that
was paid from the house sale? Or maybe add it to the cost
basis?

Thanks, Dee

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >
 

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estate, house, paid, tax
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