- 13 - The rationale of both the Harris and Converse decisions rests basically on the divorce court's power, if not duty, to settle property rights as between the parties, either by adopting their own agreement as in the Harris case, or by having the matter litigated as in the Converse case. We do not find this rationale applicable to a decree ordering payments to adult offspring of the parties or to minors beyond their needs for support--the only payments with which we are now concerned, since that part of the taxpayer's undertakings necessary for the support of his children during their minority is concededly not taxable. [Citations omitted]. While neither the Nevada statute, Nev. Comp. Laws secs. 9462, 9463 (Supp. 1931-1941), [Fn. ref. omitted.] nor interpretive decisions indicate the precise limits of the divorce court's authority in this area, courts of other jurisdictions operating under similar statutes have been restricted in their power to make awards of property to children to amounts appropriate merely for the maintenance of minor children. [Citations omitted.] * * *. But since such a decree provision depends for its validity wholly upon the consent of the party to be charged with the obligation and thus cannot be the product of litigation in the divorce court, we do not consider the rationale of the Harris decision applicable to the present case. We therefore conclude that the arrangements here made for the taxpayer's daughters beyond their support during minority do not obtain exemption from the federal gift tax by simply receiving the court's imprimatur. * * * Rosenthal v. Commissioner, supra at 508. Like the taxpayer in Rosenthal, petitioner has not demonstrated that the California divorce court had the power to modify the provisions of the property settlement agreements that dealt with the agreed-upon transfers to the Edwards children. Further, significant policy concerns are raised by expanding the rule in Harris v. Commis- sioner, supra, to cover transfers made to a spouse's children. As we have noted: "To construe the statute as suggested by petitioner would open a means for a divorcing parent to transferPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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