- 6 - 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 samePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011