Legal Opinion
Joann C. Arnes v. United States
Court of Appeals for the Ninth Circuit
Decided December 11, 1992No. 91-35752PublishedCited by 34 opinions
1Opinion of the Court
HUG, Circuit Judge:
The issue in this case is whether a taxpayer must recognize for income tax purposes the gain that she realized when, pursuant to a divorce settlement, a corporation redeemed her half of the stock in the corporation, the remaining stock of which was owned by her former husband. The district court, ruling on cross-motions for summary judgment, held that Section 1041 of the Internal Revenue Code of 1986 (I.R.C.) relieved the taxpayer of having to recognize the gain, and awarded the taxpayer a refund of $53,053 for 1988.
The district court had jurisdiction over the taxpayer’s…
2Cases cited4 opinions
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Joseph R. Holsey and Eleanor T. Holsey v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1958
- Schroeder v. CommissionerCourt of Appeals for the Ninth Circuit · 1987
3Cited by34 opinions
- Marsha Hatch Ingham v. United StatesCourt of Appeals for the Ninth Circuit · 1999
- Fisher v. FisherNorth Dakota Supreme Court · 1997
- Blatt v. CommissionerUnited States Tax Court · 1994
- Berger v. CommissionerUnited States Tax Court · 1996
- Hayes v. CommissionerUnited States Tax Court · 1993
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