- 8 - We recognize that although neither the parties nor the State court can authoritatively construe Federal tax law, the agreement as to Federal taxes may nevertheless throw strong light on what was intended in the agreement and decree with respect to the division of the marital property. This is particularly so since section 1041(a) provides for nonrecognition of gain or loss on a transfer of property incident to a divorce "to (or in trust for the benefit of) a spouse," and section 1041(b)(2) provides that the basis of the transferee "shall be the adjusted basis of the transferor."3 It obviously appeared more convenient to cast the divorce decree in terms of percentages of the proceeds to be received, since a satisfactory resolution of the details of the sale under the buy-sell agreement had not yet been negotiated. Although the 3 Sec. 1041. TRANSFERS OF PROPERTY BETWEEN SPOUSES OR INCIDENT TO DIVORCE. (a) General Rule.--No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of)-- (1) a spouse, or (2) a former spouse, but only if the transfer is incident to the divorce. (b) Transfer Treated as Gift; Transferee Has Transferor's Basis. * * * * * * * (2) the basis of the transferee in the property shall be the adjusted basis of the transferor.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011