Carol M. Read, et al. - Page 47




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               I disagree with the contention in Judge Ruwe’s dissenting              
          opinion at 65-66 that Q&A-9 applies to redemptions only if the              
          redemption satisfies a primary and unconditional obligation of              
          the spouse whose stock is not being redeemed.  As stated by the             
          majority, that requirement is not contained in or implied by the            
          phrase “on behalf of”.  I also disagree with the contention in              
          the dissenting opinion of Judges Laro and Marvel that Q&A-9 does            
          not apply to corporate redemptions or that it applies only to               
          transfers to a third party to satisfy an obligation owed by the             
          nontransferring spouse to the third party.  By their terms,                 
          section 1041(a) and Q&A-9 apply broadly to transfers of property            
          “incident to divorce”, which are “on behalf of” the other                   
          (nontransferring) spouse.  By choosing the “on behalf of” lan-              
          guage, the Secretary appropriately defined eligibility for                  
          section 1041(a) broadly, as did Congress.  Q&A-9 does not state             
          that it does not apply to redemptions, or that it applies only to           
          transfers to a third party to satisfy an obligation owed by the             
          nontransferring spouse to the third party.  Where the Secretary             
          uses broad language to provide eligibility for a rule of                    
          nonrecognition, we need not and ought not supply our own excep-             
          tions.  Application of section 1041 and Q&A-9 to redemptions                
          furthers the legislative purpose of making a transfer of property           
          incident to divorce tax free in the case of a closely held                  
          corporation owned by a married couple.  In his dissent p. 58,               






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