Carol M. Read, et al. - Page 85




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          preferable to the majority opinion.  Adoption of Judge Colvin’s             
          view by a majority of the Court would provide clear guidance as             
          to how we would resolve the treatment of both private parties in            
          this type of consolidated case.                                             
               (4) Maybe the “on behalf of” and “primary and unconditional            
          obligation” standards, in a hard-fought consolidated case with no           
          improvident concession by either private party, can be so applied           
          that both ex-spouses escape tax.8  Both traditional redemption              
          tax law and section 1041 reflect the same policy of facilitating            
          transactions by removing tax impediments.  Maybe respondent,                
          instead of being a putative stakeholder, is left holding an empty           
          bag!  I don’t think so.                                                     
             Some concluding thoughts:  the parties’ motions and memos in the         
        case at hand leave the impression that Mr. Read’s indication--he              
        loses if Mrs. Read wins--was based on what the majority opinion now           
        tells the parties was their mistaken belief about the applicable              


               8 There’s another way (a far-out fifth possibility) the                
          Court could hold that both parties escape tax, which the Court              
          has properly rejected.  There is a view (disagreed with in the              
          writer’s Arnes v. Commissioner, 102 T.C. 522 (1994) (Arnes II)              
          concurrence) that the Ninth Circuit Court of Appeals, with whose            
          views the Court expressed disagreement in Blatt and Arnes II, has           
          indicated in Arnes v, United States, 981 F.2d 456 (9th Cir. 1992)           
          (Arnes I), and Ingham v. United States, 167 F.3d 1240 (9th Cir.             
          1999), that it reads the “on behalf of” standard more expansively           
          than the Court has been willing to do.  The Court could have                
          decided in favor of Mrs. Read under Golsen v. Commissioner, 54              
          T.C. 742, 757 (1970), affd. 445 F.2d 985 (10th Cir. 1971), and              
          decided in favor of Mr. Read by applying the “primary and                   
          unconditional standard”, as Judge Halpern and the writer would              
          do, or the view of Judges Laro and Marvel that the “on behalf of”           
          standard of Q&A-9 does not apply to redemptions.                            




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