Legal Opinion

Read v. Commissioner

United States Tax Court

Decided February 4, 2000No. 19001-97; No. 19322-97; No. 19328-97Published

W and H, who were married, owned all of the voting, and virtually all of the nonvoting, stock of X corporation (X). They divorced, and the final judgment dissolving their marriage (divorce judgment) ordered (1) that W sell and convey to H, or at H's election to X or X's ESOP plan, all of her X stock, (2) that H, or at H's election X or X's ESOP plan, pay a stated amount of cash to W simultaneously with the sale and conveyance of such stock, and (3) that as additional…

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W and H, who were married, owned all of the voting, and virtually all of the nonvoting, stock of X corporation (X). They divorced, and the final judgment dissolving their marriage (divorce judgment) ordered (1) that W sell and convey to H, or at H's election to X or X's ESOP plan, all of her X stock, (2) that H, or at H's election X or X's ESOP plan, pay a stated amount of cash to W simultaneously with the sale and conveyance of such stock, and (3) that as additional consideration H, or at H's election X or X's ESOP plan, deliver to W a promissory note bearing 9-percent interest for the…

1Opinion of the Court

CAROL M. READ, ET AL., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Read v. Commissioner

No. 19001-97; No. 19322-97; No. 19328-97

United States Tax Court

114 T.C. 14; 2000 U.S. Tax Ct. LEXIS 2; 114 T.C. No. 2;

February 4, 2000, Filed

An order recharacterizing Ms. Read's motion as a motion for partial summary judgment and granting it will be issued, and decision will be entered for petitioner in docket No. 19001-97.

An order denying Mr. Read's and MMP's motion will be issued.

W and H, who were married, owned all of the voting, and

virtually all of the nonvoting, stock of X corporation…

Also in this document: Dissent · Ruwe; Dissent · Halpern; Dissent · Beghe.

2Cases cited34 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  4. Enoch v. CommissionerUnited States Tax Court · 1972
  5. United States v. DavisSupreme Court of the United States · 1962

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