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What does lineal descendant mean on the CPA exam?

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Lineal descendant. A person in the direct downward line from an individual: child, grandchild, great-grandchild. The Sec. 267 family is only siblings, spouse, ancestors, and lineal descendants, so in-laws, nieces, nephews, and cousins fall outside it.

Defined against Sec. 267(c)(4).

Worked example

Martha sells shares with a basis of $50,000 to her grandson for $35,000, their fair market value. Two years later the grandson sells the same shares to an unrelated buyer for $45,000. Neither is a dealer in securities.

Can Martha deduct her loss, and how much gain does her grandson recognize on his later sale?

Martha's loss on the sale50,000 - 35,00015,000
A grandson is a lineal descendant, so he is family under the related-party rules and Martha's $15,000 loss is disallowed.
Grandson's gain before relief, on his $35,000 cost45,000 - 35,00010,000
Gain recognized after applying Martha's disallowed loss, which exceeds it10,000 - 10,0000

Answer: Martha deducts nothing. Her grandson recognizes no gain: his $10,000 gain is offset by her disallowed loss, and the remaining $5,000 of that loss simply disappears.

The trap: Allowing the loss because the price was fair, or treating every relative as family. The list is narrow: siblings, spouse, ancestors and lineal descendants. A sale to a niece or a son-in-law at the same price would let Martha deduct the $15,000.

Based on IRC Sec. 267(b)(1); IRC Sec. 267(c)(4); IRC Sec. 267(d).

Which CPA exam sections use lineal descendant?

Lineal descendant appears in the REG section of the CPA exam.

Related terms

See also