- 15 - have chosen but did not. Commissioner v. Natl. Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974); see also In re Steen, 509 F.2d 1398, 1402-1403 n.4 (9th Cir. 1975) (maintaining that to allow a taxpayer to challenge his own forms in favor of asserted “substance” would encourage posttransactional tax planning and unwarranted litigation and would raise a monumental administrative burden and substantial problems of proof for the Government). Young’s letter of April 21, 1997, and Coburn’s response to Young’s letter on May 1, 1997, establish that petitioner had been advised that she had several options that she could pursue with respect to using Mr. Walker’s 25-percent interest in the Happy Valley property to satisfy at least a part of her equalizing money judgment. In particular, Coburn’s response to Young’s letter asserted that, if petitioner chose to accept Mr. Walker’s interest in the Happy Valley property within 1 year of the end of their marriage and then decided to sell her undivided interest in that property, she would be responsible for the entire amount of tax resulting from the sale. The record in this case demonstrates that this option was the one that petitioner chose to follow. Petitioner voluntarily entered into the Settlement Agreement with Mr. Walker on September 22, 1997, and accepted his 25-percent interest in the Happy Valley property in considerationPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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