Claudia F. Walker - Page 16

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          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.                                            





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