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Sale of Investment Property


cpabsd

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Taxpayer purchased property several years ago to help daughter who could not receive financing. Daughter paid loan payments directly. During 2008, they "sold" the property to their daughter at a significant loss. I believe this is a non deductible loss due to related party. Client of course would like to deduct the loss. Deductible or not?

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IRC section 267 states as follows:

(a) In general

(1) Deduction for losses disallowed..

No deduction shall be allowed in respect of any loss from the sale or exchange of property, directly or indirectly, between persons specified in any of the paragraphs of subsection (B).

.......

(B) Relationships..

The persons referred to in subsection (a) are:

(1) Members of a family, as defined in subsection ©(4)

****

I vote 'not'

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