Arvid E. Jackson - Page 6

                                                  -  -6                                                     
            trust in accordance with the provisions of the judgment of                                    
            divorce, and also in accordance with that judgment approximately                              
            1 month thereafter the trust was funded by the transfer of assets                             
            from Mr. Jackson for the benefit of petitioner, petitioner's                                  
            interest in the trust was a transfer of property to a former                                  
            spouse incident to divorce.                                                                   
                  Respondent contends that because petitioner acquired her                                
            life interest in the trust from Mr. Jackson incident to divorce,                              
            section 1041 requires that petitioner's life interest in the                                  
            trust be treated as if she acquired it by gift.  Respondent                                   
            argues that section 273 applies to disallow the deductions taken                              
            by petitioner in 1991 and 1992 for amortization of her life                                   
            interest in the trust.                                                                        
                  Petitioner argues that she acquired her life interest in the                            
            trust by purchase and not by gift since she relinquished her                                  
            marital rights in exchange for her life interest in the trust.                                
            She therefore contends that section 273 does not prohibit her                                 
            deduction of amortization of her life interest in the trust.                                  
            Petitioner states that under Alabama law the life interest in the                             
            trust was transferred to her for valuable consideration, the                                  
            relinquishment of her marital rights.                                                         
                  In United States v. Davis, 370 U.S. 65 (1962), the Court                                
            held that the transferor spouse recognized gain when he                                       
            transferred appreciated property to his spouse in exchange for                                
            her marital rights, and the transferee spouse took a fair-market-                             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011