McIntosh v. Commissioner
United States Tax Court
Petitioner and his former wife, Jean, were divorced in Montana in 1978. Petitioner transferred appreciated ranch land to his former wife pursuant to a property settlement agreement incident to the divorce. Held, the transfer was in the nature of a division of property and was not a taxable transfer.
1Opinion of the Court
OPINION
Clapp, Judge-.
Respondent determined a deficiency in petitioner’s Federal income tax for the year 1978 in the amount of $129,398. After concessions, the sole issue for decision is whether the transfer of a one-half interest in appreciated ranch land by John McIntosh to his former wife pursuant to a divorce settlement agreement is a taxable event.
This case was submitted fully stipulated pursuant to Rule 122, Tax Court Rules of Practice and Procedure. The stipulation of facts and attached exhibits are incorporated herein by reference.
Petitioner John McIntosh resided in Havre, Montana, at…
2Cases cited27 opinions
- Morgan v. CommissionerSupreme Court of the United States · 1940
- United States v. DavisSupreme Court of the United States · 1962
- United States v. MitchellSupreme Court of the United States · 1971
- In Re the Marriage of BrownMontana Supreme Court · 1978
- Hesse v. CommissionerUnited States Tax Court · 1973
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3Cited by8 opinions
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- Yonadi v. CommissionerUnited States Tax Court · 1992
- Goldstein v. CommissionerUnited States Tax Court · 1987
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