- 57 - 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 (9thPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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