- 85 - 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.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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