- 94 - nontransferring spouse is taxed on the third party transfer; it does not specify when this tax arises. If, in fact, section 1041 applies to the redemption, as the majority concludes, then, under general income tax principles, Mr. Read is treated as receiving a dividend which arguably is taxable to him in 1986, the year of the redemption, rather than in the years in issue as held by the majority. See secs. 301(a), (b)(1), (c), and (d) and 302(d). See generally Bittker & Eustice, Federal Income Taxation of Corporations and Shareholders, par. 8.23 (1999 Cum. Supp. 1).2 Thus, under this argument, Mr. Read’s dividend is taxable to him in a year that most likely is closed by the section 6501 period of limitations. Under the major- ity’s analysis, therefore, the Government may be faced once again with the very same “whipsaw” that Congress intended to remedy through the enactment of section 1041. Although the majority sidesteps this issue in this case by holding that Mr. Read conceded his tax liabil- ity as to the subject payments, that “concession” only applies to the subject years. We see no judicial or equitable reason why Mr. Read will be precluded from arguing in the future that the payments which he receives on the promissory note in other years (with the exception 2 We note that the installment method of sec. 453 does not apply to the receipt of a distribution taxed as a dividend under sec. 301. The installment method may be used only to report “income” from a “disposition of property”, sec. 453(a) and (b)(1), and a “distribution of property” under sec. 302(d) does not meet that requirement, see Cox v. Commissioner, 78 T.C. 1021 (1982); see generally Bittker & Eustice, Federal Income Taxation of Corporations and Shareholders, “Distributions of Corporation’s Own Obligations”, par. 8.23 at 8-83 to 8-84 (1999 Cum. Supp. 1).Page: 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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