Alexandra S. Yankwich, f.k.a. Alexandra Y. Capps - Page 8




                                        - 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 to               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011