TAX 9863 Lecture Notes - Lecture 28: Tax Avoidance

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20 Dec 2019
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Gift and federal do not follow same rules necessarily. In other words, tp did get a double benefit: Not taxed on the original transfer, but able to get step up in basis. Antenuptial settlement itself: referred to the transfer as being a gift. Parties cannot determine tax consequences by just labeling the tax consequences in their agreement. Parties can determine to some extent, but it goes back to the substance of agreement. Can"t say oh this was a gift or this was a sale. She performed the contract under the terms of which stock transferred to her and held stock not as donee but purchaser of consideration. For income tax purposes, stock transferred for tp"s promise of marriage and giving various marital property rights in husband"s property. Logically, if this was an exchange (as court held), husband should"ve been taxed on value of stock but he was not.

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