Cook v. Commissioner
United States Tax Court
Petitioner and his former wife, Sheila, were divorced in Connecticut in 1976. In a brief memorandum of decision, the divorce court ordered petitioner to transfer to Sheila certain assets he had acquired during the marriage by gift or purchase from Sheila and her parents. Held, the transfer was in the nature of a division of property and was not a taxable transaction. United States v. Davis, 370 U.S. 65 (1962), distinguished.
1Opinion of the Court
Drennen, Judge:
Respondent determined a deficiency in, and an addition to, petitioners’ 1976 Federal income tax in the amounts of $384,437 and $19,222, respectively. The issues for decision are (1) whether the transfer of appreciated stock and real properties by Charles D. Cook to his former wife pursuant to a divorce decree was a taxable transaction, and (2) whether petitioners are liable for an addition to tax pursuant to section 6653(a).1
FINDINGS OF FACT
Petitioner Charles D. Cook (petitioner) and Carolyn C. Cook, husband and wife, resided in Cos Cob, Conn., at the time they filed their…
2Cases cited35 opinions
- Greenberg's Express, Inc. v. CommissionerUnited States Tax Court · 1974
- United States v. DavisSupreme Court of the United States · 1962
- Pasquariello v. PasquarielloSupreme Court of Connecticut · 1975
- Tobey v. TobeySupreme Court of Connecticut · 1974
- Thomas v. ThomasSupreme Court of Connecticut · 1970
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3Cited by11 opinions
- Sheila G. Cook v. United StatesCourt of Appeals for the First Circuit · 1990
- McIntosh v. CommissionerUnited States Tax Court · 1985
- Krueger v. Wisconsin Department of RevenueWisconsin Supreme Court · 1985
- Coburn v. Comm'rUnited States Tax Court · 2005
- Davis v. CommissionerUnited States Tax Court · 1987
6 more not listed; retrieve them via the Exa API.