@Romni22 wrote:
Any reason you can see why I couldn't use the sales price as fmv?
Yes, there is a reason. If you are audited, the IRS will generally accept an appraisal from a qualified (licensed) appraiser as the fair market value as of the date of death (as the basis for the sale).
Unfortunately, the appraisal is lower than your selling price and, therefore, you have a gain. You cannot presume that the IRS will accept the selling price as the fair market value as of the date of death, particularly when you are aware that it is not (per the appraisal).
