Maureen Monsour - Page 48

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                                   of Appeals is sent shall be presumed               
                                   to have as its principal purpose the               
                                   avoidance of tax or payment of tax.                
                                        (II) Exceptions.–-Subclause                   
                                   (I) shall not apply to any transfer                
                                   * * * which an individual estab-                   
                                   lishes did not have as its principal               
                                   purpose the avoidance of tax or pay-               
                                   ment of tax.                                       
               Petitioner has failed to establish the date on which the IRS           
          sent to her the first letter of proposed deficiency which allowed           
          her an opportunity for administrative review in respondent’s                
          Appeals Office.  However, we have found that, pursuant to the               
          prenuptial agreement, starting around 1989 petitioner asked Mr.             
          Monsour to make her the joint owner of at least certain of Mr.              
          Monsour’s assets42 and that Mr. Monsour agreed and did so.  On the          
          record before us, we find that the principal purpose of Mr.                 
          Monsour’s transfers to petitioner was not the avoidance of tax or           
          payment of tax.  See sec. 6015(c)(4)(B)(ii).  On that record, we            
          further find that petitioner has established that the presumption           
          in section 6015(c)(4)(B)(ii) is not applicable in this case.  On            
          the record before us, we find that Mr. Monsour did not transfer             
          any disqualified assets to petitioner.  On that record, we further          
          find that for each of the taxable years at issue petitioner                 
          satisfies the threshold condition set forth in section 4.01(6) of           
          Revenue Procedure 2000-15.                                                  


               42See supra note 3.                                                    





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