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Appreciated property, transferred to a wife pursuant to an antenuptial agreement, was not a gift, but was consideration for which she sold her inchoate marital rights. This applies the general rule, that a taxpayer recognizes a gain on the transfer of appreciated property in satisfaction of a legal obligation.
The presumption of advancement is a legal presumption which arises in various common law jurisdictions in relation to the transfers of money or other property. Broadly, the presumption states that where a husband transfers property to his wife, or a father to his child or someone to whom he has assumed parental responsibility, then in the absence of other evidence the court will presume that ...
All of the property transferred from one spouse to the other is able to receive the marital deduction. [35] For example, if at the beginning of the year your husband gifts you property, then gifts property again for your birthday, and again for Christmas you will be able to apply the marital deduction on each property received.
Tax-free transfer of property between spouses (including on death) and exemption from "due-on-sale" clauses. Special consideration to spouses of citizens and resident aliens; Threats against spouses of various federal employees is a federal crime
Where there is a transfer of property between spouses or a transfer incident to divorce, §1041(b) states that the property will be treated as if the person who receives the property (the transferee) has acquired it by gift. The transferee's basis in the property shall be the adjusted basis of the transferor at the time of the transfer.
A real estate transfer tax, sometimes called a deed transfer tax or documentary stamp tax, is a one-time tax or fee imposed by a state or local jurisdiction upon the transfer of real property.
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