Carol M. Read, et al. - Page 45




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               or other property, for the assumption of liabilities in                
               excess of basis, or for other consideration and is                     
               intended to apply to any indebtedness which is dis-                    
               charged.  * * *                                                        
          Id. at 1492.                                                                
               Thus, Congress made clear that it intended section 1041(a)             
          to apply broadly to transactions between divorcing spouses.3                
           III.  Q&A-9 Extends Section 1041 Broadly to Transfers on Behalf            
                  of the Nontransferring Spouse Incident to Divorce                   
               Section 1.1041-1T(c), Q&A-9, Temporary Income Tax Regs.,4              

               3  Sec. 1041 also applies broadly to transactions between              
          nondivorcing spouses, but that situation is not present in the              
          instant case.                                                               
               4 Sec. 1.1041-1T(c), Q&A-9, Temporary Income Tax Regs., 49             
          Fed. Reg. 34453 (Aug. 31, 1984), provides:                                  
                    Q-9.  May transfers of property to third parties                  
               on behalf of a spouse (or former spouse) qualify under                 
               section 1041?                                                          
                    A-9.  Yes.  There are three situations in which a                 
               transfer of property to a third party on behalf of a                   
               spouse (or former spouse) will qualify under section                   
               1041, provided all other requirements of the section                   
               are satisfied.  The first situation is where the                       
               transfer to the third party is required by a divorce or                
               separation instrument.  The second situation is where                  
               the transfer to the third party is pursuant to the                     
               written request of the other spouse (or former spouse).                
               The third situation is where the transferor receives                   
               from the other spouse (or former spouse) a written                     
               consent or ratification of the transfer to the third                   
               party. * * * In the three situations described above,                  
               the transfer of property will be treated as made                       
               directly to the nontransferring spouse (or former                      
               spouse) and the nontransferring spouse will be treated                 
               as immediately transferring the property to the third                  
               party.  The deemed transfer from the nontransferring                   
               spouse (or former spouse) to the third party is not a                  
                                                             (continued...)           





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