- 8 - settlement did not result in the spouse becoming the beneficial owner of 75 percent of the house. The Court in Urbauer v. Commissioner, supra, noted there was no impediment to a division by the divorce court of the ownership of the house, but the divorce court chose not to effect a change in ownership. Like Urbauer, in this case there was no restriction on the transfer of the Note from the Corporation to petitioner, but no such transfer was made. The Note specifically provided for subsequent payees. Although the Note provided that the Corporation was the original payee, the term also included “any party who may subsequently hold an interest in this Note.” There actually was no change in the Corporation’s ownership of the Note. We hold that there was no beneficial ownership by petitioner in the Note executed between the Corporation and Dr. Bowman. Since there was no transfer of the Note or of a beneficial interest in the Note, section 453B(g) is not applicable in this case. Petitioner’s receipt of $1,750 each month from Dr. Capps falls under section 1041. As discussed above, under section 1041(a), no gain or loss is recognized on the transfer of property from an individual to a spouse, or to a former spouse if the transfer is incident to divorce. Balding v. Commissioner, 98 T.C. 368 (1992). But there is another factor to consider. In Gibbs v. Commissioner, T.C. Memo. 1997-196, this Court held that the nonrecognition provided in section 1041 does not apply toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011