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Thread: basis
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Created on: 11/20/09 01:23 PM
Replies: 5
Viewed: 369

Posted by: GERMAN
46 posts since - 01/09/2008
basis - 11/20/09 at 1:23 PM

Taxpayer sold farm to son. Son could not handle it and sold it back to parents. Parents put farm in trust. Parents passed away and trusts instructs farm to go the all 6 kids.(including one who bought and resold to Parents. Now kids have sold the land to an unrelated buyer. What is kids basis.

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Posted by: OldJack
1392 posts since - 11/20/2006
RE: basis - 11/20/09 at 3:09 PM

Simple answer, basis is Fair Market Value (stepped up basis) at date of last parent death when kids become beneficiary owners of the trust assets.

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Posted by: mikevanetta
1 post since - 12/23/2006
RE: basis - 11/22/09 at 3:14 PM

The basis is the parent's basis at the time the farm went into the trust, if the trust was not a grantor trust.

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Posted by: jainen
2044 posts since - 11/17/2006
jainen doesn't know - 11/22/09 at 3:49 PM

>>if the trust was not a grantor trust<<

Even jainen doesn't know what kind of trust this was. And she's also mighty suspicious of that sale and buyback, a classic maneuver to jack up basis.

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Posted by: blrgcpa
1247 posts since - 11/17/2006
RE: jainen doesn't know - 11/22/09 at 4:13 PM

READ THE TRUST DOCUMENTS.

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Posted by: OldJack
1392 posts since - 11/20/2006
RE: jainen doesn't know - 11/23/09 at 10:18 AM

Agree with trust documents. I am assuming this is not a irrevocable trust. Basis adjustments for sale and buy back (parent's basis) are irrelevant as on date of death the FMV becomes the basis for the beneficiaries.

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