John B. Young and Martha H. Young - Page 7




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          was "incident to" the divorce decree, and, as a result, the                 
          transfer of the Land was, pursuant to the regulations, "related             
          to the cessation of the marriage".  See sec. 1.1041-1T(b), Q&A-7,           
          Temporary Income Tax Regs., supra.  Even if the regulations were            
          not applicable, the transfer satisfied the statutory requirement            
          that the transfer be "related to the cessation of the marriage".            
          See sec. 1041(c).  Accordingly, section 1041 is applicable.                 
          II.   Value of Property Transferred Includable in Gross Income              
             Respondent determined that John's transfer of the Land                   
          discharged a $308,906 debt to Louise for legal and collection               
          expenses (i.e., $300,606 legal plus $8,300 collection), and, as a           
          result, such amount is includable in Louise's 1992 gross income.            
          Louise failed to present any evidence relating to the collection            
          expenses, and, therefore, the $8,300 is includable in her gross             
          income.  Louise contends, however, that John was obligated to pay           
          the legal expenses; she was merely a conduit for the payment of             
          the fees to her attorneys; and the value of property transferred            
          to discharge this debt is not includable in her gross income.  We           
          reject her contentions.                                                     
             Generally, taxpayers are treated as realizing taxable income             
          when their expenses are paid by another.  See Commissioner v.               
          Glenshaw Glass Co., 348 U.S. 426 (1955); O'Malley v.                        
          Commissioner, 91 T.C. 352, 358 (1988).  Louise was obligated to             
          pay the legal expenses.  The fact that her attorneys were paid              





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