- 93 - the transfer by petitioner [Ms. Blatt] of her shares to corporation was on behalf of [Mr.] Blatt.” Blatt v. Commissioner, 102 T.C. at 83. But for the Court of Appeals for the Ninth Circuit, we are unaware of any Court of Appeals that has addressed the issue of whether a corporate redemption qualifies under Q&A-9. We conclude with a final concern about the analysis set forth in the majority Opinion. Congress enacted section 1041, in part, to remedy the “whipsaw” that occurred when one spouse failed to report his or her gain on the transfer of appreciated property to the other spouse; the Government was whipsawed because the transferee’s basis in the transferred property equaled its fair market value, and the transferor, to the extent that the section 6501 period of limitations had closed, never paid any Federal income tax on the appreciated value underlying that increased basis. See id. at 79. Although the majority avoids this “whipsaw” in the instant case by concluding that Mr. Read conceded he was liable for Federal income tax on the redemp- tion, we do not agree that Mr. Read’s position in this case was a concession of liability or should be treated as one. Mr. Read’s position was based on a legal analysis that the majority rejects. Mr. Read should not be held to that position after the legal princi- ples on which his position was based are turned aside by the major- ity, particularly since the tax result to Mr. Read may change as a result of their analysis. But for his “concession”, the majority would have had to analyze the tax effect of the redemption on Mr. Read. Q&A-9 states that thePage: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
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