Tax Memorandum Case Study

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September 22 2013 TAX FILE MEMORANDUM To: Tax Memorandum – Junk File Subject: TaxQuestions@homesale Summary of Facts: Mr. Junkiewicz and his wife bought their current home in year 2000 with $300,000 cash. There was no mortgage. Improvements made to the house was a $25,000 sun room paid in cash. They are in the 30% percent tax bracket. In 2013 the couple sold their house for $500,000 and bought a new house for $700,000 in cash. When they sold their house they paid 6% to the real estate agent which in total was $30,000 in fees. They file jointly and had joint ownership of the sold property. Research Issue Is the sale of the home in 2013 made by Mr. Junkiewicz and his wife a taxable transaction? Law and Analysis The taxpayer relief act of 1997 exempted from taxation the profits on the sale of a personal residence of up to $500,000 for married couples filing jointly and $250,000 for singles. This exemption applies to residences the taxpayer(s) lived in for at least two years over the last five. Taxpayers can only claim the exemption once every two years Under § 1.121-1 Exclusion of gain from sale of principle residence of the Internal Revenue Code, the sale of the home of Mr. Junkiewicz and his wife in 2013 is not a taxable transaction as…show more content…
Subject to the other provisions of section 121, a taxpayer may exclude gain only if, during the 5-year period ending on the date of the sale or exchange, the taxpayer owned and used the property as the taxpayer's principal residence for periods aggregating 2 years or more.” Mr. Junkiewicz and his wife have permanently resided in the home that was sold for 13 years from time of purchase in 2000 to time of sale in 2013, therefore meet the criteria for the exclusion of gain from sale of a principle

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