- 67 - met and Q&A-9 applies, then respondent’s determinations should be sustained. To take the latter statement out of context after having rejected the argument on which it is predicated is totally unwarranted. In any event, we should never rely upon and apply a party’s statement of law that is contrary to a holding contained in a prior Court-reviewed opinion of this Court that is still binding precedent.9 No matter how convenient it may be to avoid unreconcilable differences in our opinions, justice demands that we decide issues of law that control the outcome of cases that come before us. Today’s majority opinion puts in place one legal standard for determining whether a transferring spouse receives the benefits of section 1041, while leaving in place the differ- ent and more stringent standard of Arnes II for purposes of determining whether the corresponding tax burdens can be placed on the nontransferring spouse. This opens the door in future cases for both spouses to escape the tax impact of a divorce- related transfer of appreciated property and therefore contra- venes one of the purposes of section 1041. The question we should ask and answer is whether MMP’s redemption of Ms. Read’s stock satisfied a primary and uncondi- tional obligation of Mr. Read. If the answer is yes, we should hold that Q&A-9 applies, Mr. Read had a constructive dividend, 9The majority does not purport to overrule or modify Arnes II.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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