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Final Basis Consistency Regulations Improve on the Proposed RegulationsFinal Basis Consistency Regulations Improve on the Proposed Regulations

They make compliance with IRC Sections 1014(f) and 6035 less onerous.

14 Min Read
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On Sept. 16, 2024, Treasury released final regulations (final regs) under Internal Revenue Code Sections 1014(f) and 6035, which Congress added to the IRC via the Surface Transportation and Veterans Health Care Choice Improvement Act of 20151 way back on July 31, 2015. That law took effect the next day—Aug. 1, 2015.2 Temporary and proposed regulations (proposed regs) had been issued on March 6, 2016.

Collectively, these consistent basis rules have two different goals. IRC Section 1014(f) is relatively uncontroversial; it provides that the value of an asset set forth by an executor on an estate tax return, as accepted or revised by the Internal Revenue Service, will be the basis of that asset in the hands of the beneficiary (subject to cer...

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About the Authors

Turney P. Berry

Partner, Wyatt Tarrant & Combs LLP

Turney Berry is the leader of the Firm's Trusts, Estates & Personal Planning Service Team, he also serves on the Firm's Executive Committee.  He concentrates his practice in the areas of estate and business planning, estate and trust administration, and charitable giving and tax-exempt organizations.

Charles A. Redd

Attorney, Stinson LLP

A partner with Stinson LLP in its St. Louis office, Mr. Redd concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation. Mr. Redd is a Fellow of the American College of Trust and Estate Counsel and currently teaches as an adjunct professor at Northwestern Law. He was a contributing author to Adams, 21st Century Estate Planning: Practical Applications (Cannon Financial Institute, 2002). Mr. Redd received his J.D. from Saint Louis University.