Legal Opinion

Arnes v. Commissioner

United States Tax Court

Decided April 5, 1994No. Docket No. 23291-91Published

H and W were married and jointly owned 100 percent of M, which owned and operated a McDonald's restaurant. H and W separated. Subsequently, H and W surrendered their jointly held M shares in exchange for separate certificates reflecting equal ownership.

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H and W were married and jointly owned 100 percent of M, which owned and operated a McDonald's restaurant. H and W separated. Subsequently, H and W surrendered their jointly held M shares in exchange for separate certificates reflecting equal ownership. H, W, and McDonald's agreed that M would redeem W's stock, and that H would guarantee M's obligation to pay W. The agreement was part of the property settlement agreement of H and W, which was subsequently incorporated in their divorce decree. W claimed and sued in the District Court for a tax refund on the grounds that gain from the…

1Opinion of the Court

JOHN A. ARNES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Arnes v. Commissioner

Docket No. 23291-91

United States Tax Court

102 T.C. 522; 1994 U.S. Tax Ct. LEXIS 22; 102 T.C. No. 20;

April 5, 1994, Filed

H and W were married and jointly owned 100 percent of M, which owned and operated a McDonald's restaurant. H and W separated. Subsequently, H and W surrendered their jointly held M shares in exchange for separate certificates reflecting equal ownership. H, W, and McDonald's agreed that M would redeem W's stock, and that H would guarantee M's obligation to pay W. The agreement was…

Also in this document: Concurrence · Parr; Concurrence · Hamblen; Concurrence · Beghe; Concurrence · Chiechi; Dissent · Ruwe; Dissent · Halpern.

2Cases cited39 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  3. Moline Properties, Inc. v. CommissionerSupreme Court of the United States · 1943
  4. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  5. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992

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