Alice Berger, et al. - Page 63

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          the step-transaction doctrine applies to collapse the transfer of           
          the Woodbine assets and business from Howard to Alice to Woodbine           
          Association to Gregg and Julia Kunkowski into a direct transfer             
          from Howard to the Kunkowskis.                                              
               As for the step-transaction doctrine, section 1.1041-1T(a),            
          A-2, Example (3), Temporary Income Tax Regs., 49 Fed. Reg. 34452            
          (Aug. 31, 1984), does say that the step-transaction doctrine may            
          apply to section 1041 in appropriate circumstances.  However, the           
          regulation addresses the use of the step-transaction doctrine to            
          extend, rather than limit, the sweep of section 1041.  A-2 as a             
          whole says that section 1041 applies to all transfers of property           
          between spouses, not just those incident to divorce.  Example (2)           
          says that this includes transfers between one spouse and a sole             
          proprietorship owned by the other spouse.  Example (3) says that            
          section 1041 does not apply to transfers between one spouse and a           
          corporation wholly owned by the other.  Example (3) then goes on            
          to say that in appropriate circumstances general tax principles,            
          including the step-transaction doctrine, may apply to                       
          recharacterize the transaction.  The regulation appears to                  
          contemplate that such general principles could be used in                   
          appropriate circumstances as a basis for applying section 1041.             
          To use the step transaction doctrine to limit the scope of                  
          section 1041 in the circumstances of this case would be                     
          unwarranted.  Indeed, we have already found that Alice Berger               
          alone reaped the benefits of the ownership of Woodbine from March           





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