- 16 - (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 requiredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011