Dennis A. and Tai K. Praegitzer - Page 17

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          by the McDonald's franchise agreement to terminate their joint              
          ownership of Moriah.                                                        
               Joann and John Arnes entered into an agreement to have                 
          Moriah redeem Joann's 50-percent interest for $450,000.  Joann              
          reported the gain from the redemption on her Federal income tax             
          return.  Subsequently, Joann filed a claim for refund, contending           
          that the transfer of her stock to Moriah was made pursuant to a             
          divorce instrument, and therefore she was not required to                   
          recognize any gain on the transfer of her stock in accordance               
          with section 1041.  The Internal Revenue Service (IRS) disallowed           
          the claim for refund, and Joann filed suit in District Court.               
               The District Court concluded that the redemption was                   
          required by a divorce instrument, and that John had benefited               
          from the transaction because it was part of the marital property            
          settlement, which limited future community property claims by               
          Joann.  The court, applying Q&A 9, determined that, although                
          Joann transferred her stock directly to Moriah, the transfer was            
          made on behalf of John and should be treated as having been made            
          to John.  Accordingly, the transfer qualified for nonrecognition            
          of gain pursuant to section 1041 and summary judgment was granted           
          in favor of Joann.  Id.                                                     
               The Court of Appeals for the Ninth Circuit affirmed the                
          judgment of the District Court.  The Court of Appeals observed              
          that the transfer would be tax free to Joann pursuant to section            
          1041 if the transfer were “on behalf of” John as required by Q&A            
          9.  The court reasoned that a transfer is “on behalf of” another            



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