Alice Berger, et al. - Page 57

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          negotiating marital settlements to include the unfairness of                
          immediately triggering income before cash is in hand and even               
          causing income actually paid to one spouse to be attributed to              
          the other.                                                                  
               In Balding v. Commissioner, 98 T.C. 368 (1992), we rejected            
          the Commissioner's reliance on the assignment of income doctrine            
          to conclude that the payments a former wife received in                     
          settlement of her claim to a community property interest in her             
          husband's military pension were nontaxable gifts under sections             
          1041 and 102.                                                               
               In the absence of section 1041, we would not hesitate to               
          uphold respondent's reliance on Jud Plumbing & Heating v.                   
          Commissioner, 153 F.2d 681 (5th Cir. 1946), to apply the clear              
          reflection of income rule to require Howard Berger to use the               
          percentage of completion method to determine his share of the               
          Woodbine income as of the time of the transfer.  Jud Plumbing and           
          Standard Paving Co. v. Commissioner, 190 F.2d 330 (10th Cir.                
          1951), are only a couple of examples of the numerous occasions on           
          which a taxpayer winding up its existence as a tax-paying entity            
          was required to include income in its final taxable year under              
          the clear reflection of income rule, even though its otherwise              
          proper method of accounting would not have otherwise required               
          inclusion in that year.  See Stephens Marine, Inc. v.                       
          Commissioner, 430 F.2d 679, 687 (9th Cir. 1970), affg. T.C. Memo.           
          1969-39; Idaho First Natl. Bank v. United States, 265 F.2d 6 (9th           





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