Transfers in part a gift and in part a sale., 26 CFR 1.1015-4

Summary

General rule. Where a transfer of property is in part a sale and in part a gift, the unadjusted basis of the property in the hands of the transferee is the sum of—

Whichever of the following is the greater:

The amount paid by the transferee for the property, or

The transferor’s adjusted basis for the property at the time of the transfer, and

The amount of increase, if any, in basis authorized by section 1015(d) [26 USCS § 1015(d)] for gift tax paid (see § 1.1015-5).

For determining loss, the unadjusted basis of the property in the hands of the transferee shall not be greater than the fair market value of the property at the time of such transfer. For determination of gain or loss of the transferor, see § 1.1001-1(e) and § 1.1011-2. For special rule where there has been a charitable contribution of less than a taxpayer’s entire interest in property, see section 170(e)(2) [26 USCS § 170(e)(2)] and § 1.170A-4(c).

Examples. The rule of paragraph (a) of this ...