Alice Berger, et al. - Page 55

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          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. 1994-160            





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