- 55 - distribution laws. Id. Congress was dissatisfied with the resulting patchwork and desired to make the Federal tax law less intrusive into marital property relationships. Id. at 1492. Section 1041 was the result. The Ways and Means Committee explained that the transfer of property to a spouse incident to a divorce will be treated, for income tax purposes, in the same manner as a gift. Gain (including recapture income) or loss will not be recognized to the transferor, and the transferee will receive the property at the transferor's basis (whether the property has appreciated or depreciated in value). * * * This nonrecognition rule applies whether the transfer is for the relinquishment of marital rights, for cash or other property, for the assumption of liabilities in excess of basis, or for other consideration and is intended to apply to any indebtedness which is discharged. Thus, uniform Federal income tax consequences will apply to these transfers notwithstanding that the property may be subject to differing state property laws. [Id.; fn. ref. omitted.] An assignment of income is generally disregarded unless the underlying income-producing property is also transferred. See generally, 3 Bittker & Lokken, Federal Taxation of Income, Estates and Gifts, ch. 75 (2d ed. 1991 & Supp. 1995). Usually there is no property underlying personal service income so that assignment of personal service income is disregarded, and the taxpayer who earned the income is taxed on it under Lucas v. Earl, 281 U.S. 111 (1930). In this case, property (a one-half interest in Woodbine) was transferred, subject to contracts for sale of mausoleum crypts and related receivables and deposit liabilities. Cf. Kochansky v. Commissioner, T.C. Memo. 1994-160Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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