- 16 - for a credit against the $500,000 equalizing money judgment. In accordance with the Settlement Agreement, Mr. Walker transferred his 25-percent interest in the Happy Valley property to petitioner on September 26, 1997, pursuant to a quitclaim deed. The quitclaim deed was recorded on October 2, 1997. Thus, Mr. Walker no longer had any rights in the Happy Valley property as of the date petitioner signed the bargain and sale deed that conveyed an undivided 50-percent interest in the Happy Valley property to Parker Development, October 10, 1997. Petitioner entered into the foregoing transactions after having been advised of the tax consequences of the form of those transactions. There is no reason here to disregard that form. B. Application of Section 1041 to the Transactions Involving the Happy Valley Property Because petitioner cannot invoke the doctrine of substance over form, we must consider whether two separate transactions qualify for nonrecognition-of-gain treatment under section 1041(a). The first transaction involves Mr. Walker’s transfer of his 25-percent interest in the Happy Valley property to petitioner in consideration for a Settlement Agreement that provided to Mr. Walker a credit against the $500,000 equalizing money judgment that he owed to petitioner. The second transaction involves petitioner’s sale of her undivided 50-percent interest in the Happy Valley property to an unrelated third party, Parker Development.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011