Alexandra S. Yankwich, f.k.a. Alexandra Y. Capps - Page 7




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          taxed pursuant to section 453B(g).                                          
               The Note was not assigned or otherwise transferred to                  
          petitioner.  The Corporation was not a party to the Separation              
          Agreement.  There is nothing in the record to show that the                 
          Corporation, as the payee under the terms of the Note,                      
          transferred any ownership rights to petitioner.  Petitioner had             
          no rights to enforce the Note between the Corporation and Dr.               
          Bowman.  Dr. Capps paid petitioner $1,750 monthly with funds he             
          received.                                                                   
               Respondent argues that the legal effect of the Separation              
          Agreement was to transfer to petitioner a beneficial ownership              
          interest in that portion of the Note represented by her receipt             
          of the $1,750 monthly payment.  Respondent relies on Friscone v.            
          Commissioner, T.C. Memo. 1996-193, which found that beneficial              
          ownership of stock owned by a former spouse had been transferred            
          to a spouse by a divorce court award of 55 percent of any and all           
          proceeds derived from the sale of stock where the stock could not           
          be transferred directly to the wife due to a buy-sell agreement.            
               Friscone is distinguishable, because among other things,               
          there was no divorce court award of a percentage of the Note to             
          petitioner.  Moreover, in Urbauer v. Commissioner, T.C. Memo.               
          1997-227, this Court distinguished Friscone on its particular               
          facts and determined that a spouse’s 75-percent interest in the             
          proceeds from the sale of a house under the terms of a property             






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