Dennis A. and Tai K. Praegitzer - Page 16

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                    (a) GENERAL RULE.--No gain or loss shall be                       
               recognized on a transfer of property from an individual                
               to * * *                                                               
                         (1) a spouse, or                                             
                         (2) a former spouse, but only if the transfer                
                    is incident to a divorce.                                         
          Although his transfer of stock was to a third party, Ameritech,             
          petitioner Praegitzer contends that it still qualifies as a                 
          transfer under section 1041 pursuant to section 1.1041-1T(c), Q&A           
          9, Temporary Income Tax Regs., 49 Fed. Reg. 34453 (Aug. 31, 1984)           
          (Q&A 9).  Q&A 9 provides:                                                   
               Q-9.  May transfers of property to third parties on                    
               behalf of a spouse (or former spouse) qualify under                    
               section 1041?                                                          
               A-9.  Yes.  There are three situations in which a                      
               transfer of property to a third party on behalf of a                   
               spouse (or former spouse) will qualify under section                   
               1041, provided all other requirements of the section                   
               are satisfied.  * * *  In the three situations, * * *                  
               the transfer of property will be treated as made                       
               directly to the nontransferring spouse (or former                      
               spouse) and the nontransferring spouse will be treated                 
               as immediately transferring the property to the third                  
               party.  The deemed transfer from the nontransferring                   
               spouse (or former spouse) to the third party is not a                  
               transaction that qualifies for nonrecognition of gain                  
               under section 1041.                                                    
               Id.                                                                    
               In support of his argument, petitioner Praegitzer relies on            
          Arnes v. United States, 981 F.2d 456 (9th Cir. 1992).  In Arnes,            
          Joann and John Arnes formed a corporation, “Moriah”, to operate a           
          McDonald's franchise.  Joann and John were joint owners of 100              
          percent of Moriah.  When the couple divorced, they were required            





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