- 17 - 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 forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011