Carol M. Read, et al. - Page 44




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          vorce” is broad, suggesting that Congress intended section                  
          1041(a)(2) to apply broadly.  See Arnes v. United States, 981               
          F.2d 456, 458, 460 (9th Cir. 1992) (Arnes I); Blatt v. Commis-              
          sioner, 102 T.C. 77, 79 (1994).  That reading is corroborated by            
          the report of the Ways and Means Committee accompanying enactment           
          of section 1041 in 1984, which states in pertinent part:                    
                    The committee believes that, in general, it is                    
               inappropriate to tax transfers between spouses.  This                  
               policy is already reflected in the Code rule that                      
               exempts marital gifts from the gift tax, and reflects                  
               the fact that a husband and wife are a single economic                 
               unit.                                                                  
                    The current rules governing transfers of property                 
               between spouses or former spouses incident to divorce                  
               have not worked well and have led to much controversy                  
               and litigation.  Often the rules have proved a trap for                
               the unwary as, for example, where the parties view                     
               property acquired during marriage (even though held in                 
               one spouse’s name) as jointly owned, only to find that                 
               the equal division of the property upon divorce trig-                  
               gers recognition of gain.                                              
                         *    *    *    *    *    *    *                              
                    The committee believes that to correct these                      
               problems, and make the tax laws as unintrusive as                      
               possible with respect to relations between spouses, the                
               tax laws governing transfers between spouses and former                
               spouses should be changed.                                             
          H. Rept. 98-432 (Part 2), at 1491-1492 (1984).                              
               The Ways and Means Committee also said in its report:                  
               This nonrecognition rule applies whether the transfer                  
               is for the relinquishment of marital rights, for cash                  

               2(...continued)                                                        
                         (2) is related to the cessation of the                       
                    marriage.                                                         






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