Carol M. Read, et al. - Page 88




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        shall be recognized by Ms. Read as a result of that transfer.”                
        Majority op. p. 39.  The majority fails to discuss persuasively the           
        fact that not only did Ms. Read transfer her stock to MMP, but that           
        MMP paid her for that stock as well, nor does the majority explain            
        persuasively why the capital gain that Ms. Read realized on the sale          
        of her stock to a third party (MMP) is excluded from her gross income         
        by virtue of either:  (1) A statutory provision (section 1041) that           
        applies only to transfers between spouses or (2) a regulatory provi-          
        sion (Q&A-9) that extends section 1041's reach to certain transfers           
        to third parties on behalf of a spouse.                                       
             Congress enacted section 1041 in 1984.  Before that time, an             
        interspousal transfer of property for adequate consideration was a            
        taxable transaction for Federal income tax purposes; a transferring           
        spouse was taxed on a transfer of appreciated property to his or her          
        spouse, and the recipient spouse received a basis in the transferred          
        property equal to its fair market value on the date of transfer.  See         
        United States v. Davis, 370 U.S. 65 (1962).  Congress enacted section         
        1041 to change that result.  See H. Rept. 98-432 (Part 2), at                 
        1491-1492 (1984).  As enacted,  section 1041 applies to defer the             
        recognition of gain or loss on an interspousal transfer of property           
        until the time that the recipient spouse transfers the property               
        outside of the marital economic unit consisting of both spouses               
        together.  See Blatt v. Commissioner, 102 T.C. 77, 79-80 (1994).              








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