- 83 - guaranty--his secondary obligation–-and a pledge of the redeemed shares to secure the satisfaction of MMP’s obligation. See Bennett v. Commissioner, 58 T.C. 381 (1972); Edenfield v. Commis- sioner, 19 T.C. 13 (1952). The Reads’ settlement agreement and divorce decree, which tied the amounts of Mr. Read’s obligation to make periodic alimony payments to initial and continued compliance with the provisions for payment for Mrs. Read’s stock, did not saddle Mr. Read with the primary and unconditional obligation to purchase and pay for Mrs. Read’s stock.6 The obligation to purchase and pay for her stock was assigned to and assumed by MMP as its primary and unconditional obligation. (2) Judges Laro and Marvel believe that Q&A-9 just does not apply to redemptions. Adoption of this approach could cause both individual parties to a redemption of the stock of a divorcing spouse to incur tax liability if they are not well advised. In most cases the departing shareholder ex-spouse would recognize capital gain on the transaction that terminates his or her stock 6 Even if the standard espoused by Judges Ruwe and Halpern and the writer should be adopted, a Judge adopting that standard might conclude that Mr. Read did not divest himself of the primary and unconditional obligation to purchase Mrs. Read’s stock. The ground of that conclusion, with which the writer would disagree, is that the integration of and reciprocal relationship between Mr. Read’s alimony obligations and MMP’s continuing obligation to complete the scheduled payments in satisfaction of the obligation to purchase Mrs. Read’s stock left Mr. Read with the primary and unconditional continuing obligation to purchase her stock.Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
Last modified: May 25, 2011