Claudia F. Walker - Page 17

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               Section 1041 provides in pertinent part as follows:                    
                    SEC. 1041.  TRANSFERS OF PROPERTY BETWEEN SPOUSES                 
               OR INCIDENT TO DIVORCE.                                                
                    (a) General Rule.–-No gain or loss shall be                       
               recognized on a transfer of property from an individual                
               to (or in trust for the benefit of)--                                  
                         (1) a spouse, or                                             
                         (2) a former spouse, but only if the transfer                
                    is incident to the divorce.                                       
                    (b) Transfer Treated as Gift; Transferee Has                      
               Transferor’s Basis.–-In the case of any transfer of                    
               property described in subsection (a)--                                 
                         (1) for purposes of this subtitle, the                       
                    property shall be treated as acquired by the                      
                    transferee by gift, and                                           
                         (2) the basis of the transferee in the                       
                    property shall be the adjusted basis of the                       
                    transferor.                                                       
                    (c) Incident to Divorce.–-For purposes of                         
               subsection (a)(2), a transfer of property is incident                  
               to the divorce if such transfer–-                                      
                         (1) occurs within 1 year after the date on                   
                    which the marriage ceases, or                                     
                         (2) is related to the cessation of the                       
                    marriage.                                                         
               Mr. Walker’s transfer of his 25-percent interest in the                
          Happy Valley property to petitioner on September 26, 1997, took             
          place incident to their divorce because it occurred within 1 year           
          after the date on which their marriage ceased, December 20, 1996.           
          Sec. 1041(c)(1).  Consequently, Mr. Walker’s transfer of his                
          interest in the Happy Valley property to petitioner qualified for           






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