Taxation: Federal Income Tax: Divorce Property Settlement as a Taxable Event
Issue Date
1963Author
Dickinson, Martin B., Jr.
Publisher
University of Michigan Law School
Type
Article
Version
http://ssrn.com/abstract=2011234
Metadata
Show full item recordAbstract
This article addresses an important United States Supreme Court decision – United States v. Davis, 370 U.S. 65 (1962). In Davis the Court held that a spouse transferring appreciated property to the other spouse upon divorce realizes taxable gain to the extent that the value of the property exceeds the transferor’s basis. The article concludes that the Court’s analysis and result are sound, but that the result is a financial burden that can greatly complicate divorce property settlements. The article proposes enactment of a nonrecognition provision that would defer taxation of the appreciation until the transferee disposes of the property to an outsider.
Description
Full-text available at SSRN. See link in this record.
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Citation
Dickinson, Martin B. Jr., Taxation: Federal Income Tax: Divorce Property Settlement as a Taxable Event, 61 MICH. L. REV. 612 (1963).
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