Carol M. Read, et al. - Page 91




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        situations in which a spouse transfers property to a third party in           
        satisfaction of an obligation that is owed (or a gift that is made)           
        by the nontransferring spouse to the third party.  In the latter              
        cases, Q&A-9 operates to tax the nontransferring spouse on the                
        transfer to the third party, if and to the extent that the transfer           
        is taxable, as if the nontransferring spouse had first received a             
        gift of the property from the transferring spouse.  Q&A-9 says                
        nothing about affording similar treatment to any proceeds which are           
        received by a transferring spouse from a third party pursuant to the          
        property transfer.                                                            
             While it is true that Q&A-9 recognizes that some transfers of            
        property by a spouse to a third party may qualify for nonrecognition          
        treatment under section 1041, Q&A-9 requires that the transfers must          
        be “on behalf of” the transferor’s spouse.  The majority essentially          
        takes the position that Ms. Read’s transfer of stock to MMP was on            
        Mr. Read’s behalf because, the majority concludes, the redemption             
        benefited him.  We disagree.  In this case, Ms. Read’s transfer of            
        stock to MMP was on her own behalf since it allowed her to cash out           
        her interest in MMP at its appreciated value (and it allowed her to           
        do so, under the majority’s view, without any tax implications to             
        her).                                                                         
             The critical fact is that Mr. Read had no obligation to MMP that         
        was satisfied by Ms. Read’s transfer of her stock to MMP.  Thus,              
        although Ms. Read may have transferred her stock to MMP at the                
        direction of Mr. Read, we do not believe that she did so “on behalf           




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