Laird v. United States

OPINION

YOCK, Judge.

This tax case is currently before the Court on the parties’ cross-motions for summary judgment.1 The case involves the tax consequences of a transfer of appreciated property (stock) by Mr. Shirley L. Laird to his former wife, Ms. Judy K. Laird (the plaintiff here) pursuant to a State of Oregon divorce decree issued in 1983. The Internal Revenue Service disallowed plaintiffs claims for refund of income taxes paid as the result of recognizing capital gains in the years 1983 and 1984 and plaintiff now seeks relief in this Court. For the reasons stated herein, the defendant’s…