John B. Young and Martha H. Young - Page 3




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          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,              





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