- 6 - seeking Coburn’s views on the tax consequences for the facts stated in the letter to Leavitt. Petitioner and Mr. Walker had been clients of Coburn’s firm for many years, and Coburn continued to prepare their individual tax returns after their divorce. On May 1, 1997, Coburn wrote a response to Young. The pertinent parts of Coburn’s response are as follows: I received your fax of a letter you sent to Gary Leavitt regarding a possible transfer of properties from Bert to Claudia prior to their sale. If the transfers occur within one year of the divorce, it is clear that Internal Revenue Code Section 1041 would apply. No gain or loss would be reported by Bert Walker, and Claudia Walker would take his basis in the property as her own. Therefore, she would be responsible for any income taxes due on a subsequent sale. [Emphasis added.] There are a couple of alternatives that could be considered. First, since Claudia will probably have little other income in 1997, she may be in a lower tax bracket than Bert and thus would pay less income tax on the gains than Bert would. If Claudia were to accept an assignment of the properties, Bert could perhaps agree to reimburse her for the income tax due on the gains. Or, since Claudia holds trust deeds on these properties, it should be possible for the escrow instructions to provide for a payment of some or all of the proceeds from the sales, even though Bert would be the seller. In that case, Bert would remain responsible for the income taxes on any gain. If this were done, Bert may wish to retain a portion of the proceeds, in order to pay the income taxes on the gains. Coburn sent copies of his response to Young’s letter to both petitioner and Mr. Walker, and petitioner reviewed her copy of his response.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011