Harrah v. Commissioner
United States Tax Court
Petitioner and her former husband entered into a settlement agreement incident to their divorce which purported to reflect a division of community property. The settlement agreement was ratified and approved by the divorce court and incorporated in its divorce decree.
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Petitioner and her former husband entered into a settlement agreement incident to their divorce which purported to reflect a division of community property. The settlement agreement was ratified and approved by the divorce court and incorporated in its divorce decree. Held: The transaction emanating from the settlement agreement wherein petitioner received certain stocks and other assets as her separate property was a division of community property and not an exchange of the husband's separate property for petitioner's marital or other rights. Consequently, petitioner's basis in the shares of…
1Opinion of the Court
Scherry Harrah, Petitioner v. Commissioner of Internal Revenue, Respondent
Harrah v. Commissioner
Docket Nos. 4325-75, 9790-76
United States Tax Court
70 T.C. 735; 1978 U.S. Tax Ct. LEXIS 70;
August 22, 1978, Filed
Petitioner and her former husband entered into a settlement agreement incident to their divorce which purported to reflect a division of community property. The settlement agreement was ratified and approved by the divorce court and incorporated in its divorce decree. Held: The transaction emanating from the settlement agreement wherein petitioner received certain stocks and other assets…
2Cases cited20 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- United States v. DavisSupreme Court of the United States · 1962
- Pereira v. PereiraCalifornia Supreme Court · 1909
- Schulz v. CommissionerCourt of Appeals for the Ninth Circuit · 1961
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