- 10 - only an equitable interest. See Hill v. Hill, 185 Kan. 389, 345 P.2d 1015, 1023 (1959). The flaw in that argument is the contention that the Separation Agreement was executed on October 9, 1987. On that date, petitioner and Elaine merely announced that they had reached a potential compromise; they did not file anything with the court. In fact, petitioner and Elaine initialed the Separation Agreement in the sections describing the equitable interest as late as July 22, 1988, and September 2, 1988. The exchange actually occurred thereafter, on September 7, 1988. Finally, the Separation Agreement was not filed until September 28, 1988, a fact to which the Government has stipulated. At the time immediately prior to the exchange, Elaine still held an ownership interest. The Government makes an extended argument based upon Kansas law and differences between warranty deeds and quitclaim deeds. Of course, Kansas law is controlling as to the technicalities of title relating to the property. But such niceties in local law (cf. Helvering v. Hallock, 309 U.S. 106, 114 (1940)) do not detract from the substance of the transaction as we view this record. We hold that petitioner did not realize any $800,000 capital gain with respect to the transaction before us. Since there is no deficiency with respect to this $800,000, petitioner is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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