Carol M. Read, et al. - Page 48




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          Judge Ruwe points out that, in the instant case and prior cases,            
          “the Commissioner has consistently treated Q&A-9 as applying to             
          divorce-related corporate redemptions, and this position has been           
          adopted by the U.S. Court of Appeals for the Ninth Circuit in               
          Arnes v. United States, 981 F.2d 456 (9th Cir. 1992).”                      
           IV.  Section 1041(b) and Q&A-9 Provide for Avoidance of Whipsaw            
               Section 1041(b)5 is intended to ensure that the Government             
          is not whipsawed as a result of inconsistent positions taken by             
          former spouses.  Section 1041(b) provides that, in the case of              
          any transfer of property to which section 1041 applies, (1) the             
          transferee is treated as if he or she acquired the property by              
          gift and (2) the transferee takes the basis of the transferor.              
          The Ways and Means Committee report accompanying enactment of               
          section 1041 clearly stated the importance of avoiding whipsaw in           
          cases where section 1041(a) applies.  That committee report                 


               5  Sec. 1041(b) provides:                                              
               SEC. 1041(b).  Transfer Treated as Gift; Transferee Has                
               Transferor’s Basis.–-In the case of any transfer of                    
               property described in subsection (a)--                                 
                         (1) for purposes of this subtitle, the                       
                    property shall be treated as acquired by the                      
                    transferee by gift, and                                           
                         (2) the basis of the transferee in the                       
                    property shall be the adjusted basis of the                       
                    transferor.                                                       








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