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''Farid-Es-Sultaneh v. Commissioner'', 160 F.2d 812 (2d Cir. 1947)〔 〕 is a United States federal income tax case. It is notable (and thus appears frequently in law school casebooks) for the following holding: : *Appreciated property, transferred to a wife pursuant to an antenuptual agreement, was not a gift, but was consideration for which she sold her inchoate marital rights. :: *This applies the general rule, that a taxpayer recognizes a gain on the transfer of appreciated property in satisfaction of a legal obligation. : *Therefore, the property's basis in her hands was not a "carryover" (gift) basis from her husband. Instead, the court set its basis at its fair market value. ==Facts== The taxpayer-wife sold stock which she had received from her husband, S. S. Kresge, pursuant to an antenuptual agreement, under which she accepted the shares in consideration for surrendering all marital property rights in her husband's estate. (When they married, she was 32 years old; he was 57 years old and worth approximately $375,000,000 and owned real estate of the approximate value of $100,000,000.) The stock had a basis in the husband's hands of 15 cents a share, but a fair market value of $10 a share when transferred to her. The Commissioner contended that the taxpayer's basis in the shares was the same as her husband's--15 cents—because the shares had been received by her as a "gift," as used in Sec. 113(a) (2) of the Revenue Act of 1936. The taxpayer sued, arguing the transfer from husband to wife was not a gift for income tax purposes, but an exchange of valuable property interests—stock for marital property rights—such that her basis for the shares should be $10, their fair market value at the date transferred. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Farid-Es-Sultaneh v. Commissioner」の詳細全文を読む スポンサード リンク
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