- 31 - to apply in the instant cases in order to determine whether Ms. Read’s transfer of her MMP stock to MMP was a transfer of prop- erty by the transferring spouse (Ms. Read) to a third party (MMP) on behalf of the nontransferring spouse (Mr. Read) within the meaning of Q&A-9.19 We further hold that the primary-and- unconditional-obligation standard is not an appropriate standard to apply in any case involving a corporate redemption in a divorce setting in order to determine whether the transfer of property by the transferring spouse to a third party is on behalf of the nontransferring spouse within the meaning of Q&A-9.20 19Consequently, we need not resolve the parties’ dispute over whether the primary-and-unconditional-obligation standard is satisfied as to Mr. Read. 20Our holdings that the primary-and-unconditional-obligation standard is not an appropriate standard to apply under Q&A-9 in the instant cases, or in any case involving a corporate redemp- tion in a divorce setting, do not disturb constructive-dividend decisional law. That law applies the primary-and-unconditional- obligation standard in order to determine in the case of a corporate redemption the tax consequences to a stockholder whose stock is not being redeemed and who is analogous to the nontrans- ferring spouse under Q&A-9 and sec. 1041 in the case of a corpo- rate redemption in a divorce setting. Constructive-dividend decisional law does not apply the primary-and-unconditional- obligation standard to determine the tax consequences to the stockholder whose stock is being redeemed and who is analogous to the transferring spouse under Q&A-9 and sec. 1041 in the case of a corporate redemption in a divorce setting. In contrast, sec. 1041 prescribes the tax consequences to the transferring spouse of a transfer of property by that spouse to the nontransferring spouse. Q&A-9 addresses a transfer of property by the transfer- ring spouse to a third party on behalf of the nontransferring spouse. In the case of such a transfer, Q&A-9 and sec. 1041 provide nonrecognition treatment to the transferring spouse whose stock is being redeemed (provided that the other requirements of (continued...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011