- 3 - trial, briefing and opinion. After concessions by the parties, the remaining issues for decision are: 1. Whether the transfer of property to resolve John B. Young and Louise F. Young's dispute that arose from their property settlement is subject to section 1041. We hold it is. 2. Whether the value of property transferred to Louise F. Young, to discharge certain debts, must be included in her gross income. We hold it does. 3. Whether Louise F. Young is entitled, pursuant to section 212(1), to a deduction for legal and collection expenses attributable to the collection of taxable income. We hold she is. FINDINGS OF FACT At the time the petitions were filed, petitioners resided in North Carolina. John B. Young and Louise F. Young were married in 1969 and divorced in 1988. On October 9, 1989, they entered into a Mutual Release and Acknowledgment of Settlement Agreement (the 1989 Property Settlement), which provided for the distribution of their marital property. On that date and pursuant to the terms of the 1989 Property Settlement, John delivered to Louise his promissory note for $1,500,000. The note was secured by a deed of trust on property that John received as part of the 1989 Property Settlement. The note provided that John would make five annual payments, which included interest,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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