- 18 - if it satisfies an obligation or liability of that person. Applying Washington State law, the Court of Appeals concluded that the obligation to purchase Joann's stock was John's and not Moriah's. Thus, the court held that “Joann's transfer to Moriah did relieve John of an obligation, and therefore constituted a benefit to John.” Id. at 459. Even if we assume, arguendo, that the stock for stock exchange was “on behalf of” petitioner Dawes, petitioner Praegitzer is not necessarily insulated from tax. Respondent is not seeking to tax petitioner Praegitzer on that exchange itself, which is tax free to him under section 355 regardless of the application of section 1041. Rather, respondent is seeking to include in his income, as dividends received by petitioner Praegitzer from 303 Products, $103,000 of cash and $21,000 in forgiveness of indebtedness, a total of $124,000. The MSA and the reorganization agreement resolved any marital claims between petitioner Praegitzer and petitioner Dawes. The agreements provided for the resolution of petitioner Dawes' marital claims to petitioner Praegitzer's stock in Ameritech, and for the concurrent severance of petitioner Praegitzer's interest in that corporation, through a divisive reorganization, culminating in the stock for stock exchange that left petitioner Praegitzer with no ownership of Ameritech and as sole owner of 303 Products. When 303 Products distributed $103,000 of cash to petitioner Praegitzer and forgave his $21,000 debt, it was done at his own behest, as sole shareholder of thatPage: 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