- 19 - Petitioner argues that section 1.1041-1T(c), Q&A-9, Temporary Income Tax Regs., 49 Fed. Reg. 34453 (Aug. 31, 1984), qualifies her for nonrecognition-of-gain treatment under section 1041(a) for the sale of the 25-percent interest in the Happy Valley property received from Mr. Walker in September 1997. Section 1.1041-1T(c), Q&A-9, Temporary Income Tax Regs., 49 Fed. Reg. 34453 (Aug. 31, 1984), applies only to transfers made by a taxpayer to a third party on behalf of that taxpayer’s spouse or former spouse. Generally, a transfer by a taxpayer is considered to have been made “on behalf of” that taxpayer’s spouse or former spouse if it satisfied a specific legal obligation or liability of that taxpayer’s spouse or former spouse. Ingham v. United States, 167 F.3d 1240, 1243-1245 (9th Cir. 1999); Arnes v. United States, 981 F.2d 456, 459 (9th Cir. 1992); Blatt v. Commissioner, 102 T.C. 77, 81 (1994). As discussed above, Mr. Walker’s transfer of his 25-percent interest in the Happy Valley property on September 26, 1997, satisfied a specific legal obligation that he owed to petitioner (i.e., a portion of the equalizing money judgment) and gave her control over an undivided 50-percent interest in that property. Petitioner’s subsequent sale of her interest in the Happy Valley property did not satisfy any other legal obligation or liability that Mr. Walker owed to her or anyone else. Thus, petitioner did not make the sale “in the interest of” or “as a representative of” Mr. Walker. Cf. CravenPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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