Treat v. Commissioner of Revenue

The taxpayer appeals from a decision of the Appellate Tax Board (board) refusing to abate personal income taxes assessed against her for the 1993 tax year. At issue is the determination of the taxpayer’s basis respecting real property acquired by right of survivorship after the death of her spouse.2

*209The taxpayer and her husband acquired their principal residence as tenants by the entirety in 1966. When her husband died in May 1993, the taxpayer acquired the jointly held property by way of her right of survivorship. At the time of the decedent’s death, the town of Westford had approved the…