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Subject:  Re: Condo sale exclusion? Date:  7/28/2011  10:11 AM
Author:  JAFO31 Number:  113819 of 127642


<<<Both names are on the deed, so they are insisting that both names be listed on the document as well.>>>

"Then give them both SSN's. It's easy to deal with if you come up with good news.

Having read through all the relevant IRS docs I can find, I don't find anything that allows her to exclude, but I thought I'd ask and see if anyone else had any theories.

It's clear that if any of the gain is hers (under state law) she can't exclude it from income. The one possibility I can think of is to argue that she was his "nominee" who never made any financial contribution to or had any interest in the property and, thus, doesn't get any of the proceeds."

Why would anyone need a nominee for a part interest in the property?

And I note that if the gain is taxable to the daughter/sister, if she allows the father to keep all the net proceeds, she is making a gift to the father and may have gift tax issues to deal with (even if no gift tax is actually due).

Regards, JAFO
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