- -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
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