rbynaker
Level 14
04-02-2025
09:50 PM
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I think what's tripping you up is the sale price, not the basis. The 1099-S is just somebody's way of trying to trick the mortgage lender (which now puts you in the position of trying to trick the IRS). The amount realized on the sale was $260K. The bogus 1099-S number of $430K minus the "gift" of $170K = $260K. Basis is $150K. Gain is $110K. See 1.1001-1(e). They could spin it as $999K sale and $739K gift, the amount realized on the sale is still $260K.
New owner paid $260K, that's their basis. See 1.1015-4.