Linda Carter Zimmerman - Page 9




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          because the divorce decree, in effect, so states.  Although                 
          petitioner’s ownership interest in the townhouse was properly a             
          matter before the divorce court, her 1994 Federal income tax                
          liability was not.  State law determines the property ownership             
          of a taxpayer; Federal law controls the Federal income tax                  
          consequences of transactions involving the property.  See                   
          Aquilino v. United States, 363 U.S. 509, 512-513 (1960).                    
               The divorce court did not adjust petitioner’s preexisting              
          ownership interest in the townhouse.  Had it done so, the Federal           
          income tax consequences resulting from the sale of the townhouse            
          could have been affected.  See Urbauer v. Commissioner, T.C.                
          Memo. 1997-227.  The relevant provisions in the divorce decree              
          relied upon by petitioner in support of her argument might create           
          a remedy for her as against her former spouse, but because those            
          provisions did not adjust her preexisting ownership interest in             
          the townhouse, they are not controlling here.  See Neeman v.                
          Commissioner, 13 T.C. 397, 399 (1949), affd. 200 F.2d 560 (2d               
          Cir. 1952); Urbauer v. Commissioner, supra.  Accordingly,                   
          petitioner’s share of the gain realized from the sale of the                
          townhouse cannot be excluded from her income because of certain             
          provisions contained in the divorce decree.                                 
               Petitioner next argues that she should not have to include             
          any gain from the sale of the townhouse in her 1994 income                  
          because, as of the close of that year, she had not received any             






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