Claudia F. Walker - Page 13

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               In advancing her argument, petitioner assumes that she can             
          disavow the form of the transactions that occurred with respect             
          to the Happy Valley property.  Based on this assumption,                    
          petitioner asserts that the following substance should control              
          the tax consequences of the transactions involving the Happy                
          Valley property:  The quitclaim deed of September 26, 1997,                 
          constituted a written request from Mr. Walker to petitioner that            
          she sell his 25-percent interest in the Happy Valley property to            
          a disinterested third party; therefore, petitioner’s sale of the            
          Happy Valley property to Parker Development took place on behalf            
          of Mr. Walker.  Petitioner contends that this substance falls               
          within the scope of the second situation described in section               
          1.1041-1T(c), Q&A-9, Temporary Income Tax Regs., 49 Fed. Reg.               
          34453 (Aug. 31, 1984).  Accordingly, petitioner concludes that              
          she should be provided nonrecognition-of-gain treatment under               
          section 1041(a) as to the 25-percent interest in the Happy Valley           
          property that she sold on behalf of Mr. Walker.  As a backstop to           
          her substance over form argument, petitioner contends that she              
          filed her 1997 and 1998 returns in accordance with an agreement             
          that she had with Mr. Walker that he would report one-half of the           
          gain resulting from the sale of petitioner’s undivided 50-percent           
          interest in the Happy Valley property.                                      
               Conversely, respondent argues that petitioner failed to                
          report a gain on the sale of property that she acquired in a                






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