- 9 - the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 793 (adding section 1041, generally effective for transfers after July 18, 1984, but, in some cases, effective for transfers after December 31, 1983). Law predating section 1041 establishes that, in the case of an approximately equal division of community property on divorce, no gain is recognized on the theory that no sale or exchange has occurred but only a nontaxable partition, and the basis of the property set aside for each spouse is its basis to the community prior to the divorce. See, e.g., Carrieres v. Commissioner, 64 T.C. 959, 964 (1975), affd. per curiam 552 F.2d 1350 (9th Cir. 1977). Since we assume that there was here an approximately equal division of the community property, petitioner recognized no gain (or loss) on receipt of her separate property pension rights. We assume that the community’s, and her, basis in those rights was zero. 3. Receipt of Payments Petitioner had no basis in her separate property pension rights. Petitioner was taxable in full on receipt of the payments. See sec. 61(a)(1); Eatinger v. Commissioner, supra. It is of no moment that the payments were collected by the ex-husband. See Mess v. Commissioner, T.C. Memo. 2000-37; Eatinger v. Commissioner, T.C. Memo. 1990-310.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011