- 44 - 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.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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