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(39) Tenancies in common developed as the natural consequence of the stringent unity requirements for joint tenancies; if a transfer of property lacked one or more of the unities required for a joint tenancy, a tenancy in common could form.
1932) (chronicling origin and development of joint tenancies).
third option, are very similar to joint tenancies. Like joint tenancies,
recognized joint tenancies even when one of the unities is missing.
It is axiomatic that with spousal joint tenancies, one-half of the date of death value of the property is included in the estate of the first spouse to die.(6) Given this immutable rule, the survivor's basis would be determined as shown in the following example.(7)
This "one-half inclusion rule" for spousal joint tenancies is simple compared to the inclusion rule for non-spousal joint tenancies, which is covered next.
An exception also was included in the proposed regulations for joint tenancies between spouses created on or after July 14, 1988, where the donee spouse was not a United States citizen.
Non-spousal joint tenancies also generally do not provide for coordination of affairs at death, such as for payment of taxes and administration expenses.
Pursuant to IRC Section 2040(b) joint tenancies between husband and wife are treated as if equally contributed to by both spouses.
The fact that qualified disclaimers are now possible for joint tenancies with right of survivorship and some tenancies by the entirety is good news for clients who may otherwise find themselves taking unused unified credits to their graves.
In McDonald, the taxpayer/wife and her deceased husband had owned land under joint tenancies created before 1977.
While these cases have no relevance today for husband and wife joint tenancies, some of the rulings may have relevance in the case of nonspousal joint tenancies.

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