- 17 - 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” anotherPage: 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