John L. Seymour - Page 8

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               If the taxpayer incurs a debt in consideration for the sale            
          or use of property, or takes property subject to a debt, and no             
          debt proceeds are disbursed to the taxpayer, the debt is treated            
          as if the taxpayer used an amount of the debt proceeds equal to             
          the balance of the outstanding debt to make an expenditure for              
          such property.  Sec. 1.163-8T(c)(3)(ii), Temporary Income Tax               
          Regs., 52 Fed. Reg. 25001 (July 2, 1987).                                   
               Petitioner contends that the interest he paid to Mrs.                  
          Seymour is properly allocable to the assets he received from her            
          incident to their divorce.  Respondent contends that because the            
          assets were transferred incident to a divorce, the treatment of             
          the transaction under section 1041 prevents the allocation of               
          petitioner's indebtedness to such assets, and the interest should           
          be allocated to his personal obligation and, thus, characterized            
          as nondeductible personal interest under section 163(h)(1).                 
               Section 1041(a) provides that no gain or loss shall be                 
          recognized on a transfer of property from an individual to a                
          spouse, or former spouse, if the transfer is incident to divorce.           
          See Balding v. Commissioner, 98 T.C. 368, 370 (1992); Gibbs v.              
          Commissioner, T.C. Memo. 1997-196.  In the case of such a                   
          transfer, section 1041(b) provides that the property shall be               
          treated as acquired by the transferee by gift and the basis of              
          the property shall be the adjusted basis of the transferor.                 
          Respondent appears to argue that, since section 1041(b) provides            
          that transfers incident to a divorce are to be treated as gifts,            




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