- 19 - corporation. The agreements did not obligate him to do it, and moreover it was probably a matter of indifference to petitioner Dawes, and to Ameritech, whether he did it, his stock in Ameritech having been relinquished in the previous exchange. Absent sham or agency principles, the corporations involved are considered separate taxable entities. Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943). There is no indication that this was a sham or that either corporation was petitioner Dawes' agent. Therefore, once the reorganization, which was incident to the divorce, was completed, any further transactions between petitioner Praegitzer and 303 Products, his solely owned corporation, would be taxed according to general principles of taxation. This situation is distinguishable from Arnes v. United States, where the taxpayer received assets of a corporation in redemption of her stock. In that case the receipt of such assets was part and parcel of resolving community property claims to the stock in the context of a divorce. Here, by contrast, the stock in Ameritech was relinquished and a severance of the community interest was accomplished through transactions that may be separated from petitioner Praegitzer's receipt of the dividend. Petitioner Praegitzer did not get the dividend as an integral or necessary step in the marital property settlement; rather it was a bailout of corporate assets, which was carried out at his own instance, and on which he may properly be taxed. We conclude, therefore, that the distribution of cash and cancellation ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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