Carol M. Read, et al. - Page 58




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          This was because there was no question that the person whose                
          stock was being redeemed would be taxable on any gain on the sale           
          of his or her stock, regardless of who paid for the stock or                
          whether the remaining shareholder was treated as having received            
          a dividend.  The enactment of section 1041 introduced a broad               
          rule of nonrecognition for transfers of property between spouses            
          and former spouses incident to divorce.  Section 1041 makes no              
          reference to transfers to third parties.  However, temporary                
          regulations issued under section 1041 explain the circumstances             
          in which a spouse’s transfer to a third party qualifies as a                
          transfer to which section 1041 applies.  See sec. 1.1041-1T(c),             
          Q&A-9, Temporary Income Tax Regs. (Q&A-9), 49 Fed. Reg. 34453               
          (Aug. 31, 1984).                                                            
               Q&A-9 does not specifically address a spouse’s transfer of             
          stock to the issuing corporation as part of a corporate redemp-             
          tion that was required by a divorce judgment.  However, in this             
          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 Court of Appeals for the              
          Ninth Circuit in Arnes v. United States, 981 F.2d 456 (9th Cir.             
          1992).  See also Hayes v. Commissioner, supra, and Craven v.                
          United States, 83 AFTR 2d 99-1268, 99-1 USTC par. 50336 (N.D. Ga.           
          1999), in which Q&A-9 was applied to divorce-related redemptions            








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