Charles F. Urbauer - Page 6

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          sale of the marital home.  Only $14,551.91 remained to be divided           
          between the spouses on a 75/25 basis.                                       
               The owner of property or income is responsible for tax with            
          respect thereto.  As indicated above, since the divorce court did           
          not change the result of the operation of Michigan law,                     
          petitioner owned a one-half interest in the house and is thus               
          responsible for half the tax.                                               
               Petitioner also contends that since his ex-wife received 75            
          percent of the net proceeds and was responsible for paying the              
          tax, she was the beneficial owner of the property.  In support of           
          his argument, petitioner relies on Friscone v. Commissioner, T.C.           
          Memo. 1996-193.  On brief the Government also relies upon                   
          Friscone and has reduced its claim to tax to only 25 percent of             
          the gain.  That 25-percent figure comes from the provision in the           
          divorce decree for distribution of the small amount remaining               
          after discharge of all the liabilities relating to the property             
          and the establishment of the $54,000 escrow for payment of tax on           
          the gain.  Nowhere else is there any indication in the decree               
          that the property or its proceeds is being divided on a 75/25               
          basis between the spouses.                                                  
               Both parties misconceive the holding in Friscone.  There the           
          taxpayer-husband owned stock, the proceeds of which the divorce             
          court divided between the spouses, 45 percent to the husband and            
          55 percent to the wife, with tax liability divided in the same              





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