- 8 - ex-husband intended by that arrangement anything other than that he would act as a collection agent on her behalf. We do not read the agreement as allocating the pension in full to the ex-husband and, on account thereof, other community property of an equal value to petitioner. Petitioner has cited no case interpreting language similar to that in the agreement in the manner advocated by petitioner. We find that, pursuant to the agreement and incident to the divorce, petitioner received an interest in the pension as her separate property. 2. Tax Consequences to Petitioner on Receipt of Her Separate Property Interest in the Pension Section 1041 deals with transfers of property between spouses or incident to divorce. In general, it provides that (1) no gain or loss shall be recognized to the transferor on such a transfer and (2) the transferee succeeds to the transferor’s basis. It is arguable that section 1041 has no application to an equal-in-value division of the property of a marital community, since there is no transfer of property but only a partition of the community. See Commissioner v. Mills, 183 F.2d 32, 34 (9th Cir. 1950), affg. 12 T.C. 468 (1949); Walz v. Commissioner, 32 B.T.A. 718, 720 (1935). In any event, section 1041 is inapplicable to any transfer in 1980 incident to either the agreement or the final judgment, since any such transfer would be pursuant to an instrument that predates the effective date of section 1041. See sec. 421(d) ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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