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    Created by Michael Wessels
    1. U.S. Code
    2. Title 26
    3. Subtitle A
    4. CHAPTER 1
    5. Subchapter O
    6. PART III

    § 1041 Transfers of property between spouses or incident to divorce

    (a) General rule

    No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of)—

    (1) a spouse, or

    (2) a former spouse, but only if the transfer is incident to the divorce.

    (b) Transfer treated as gift; transferee has transferor’s basis

    In the case of any transfer of property described in subsection (a)—

    (1) for purposes of this subtitle, the property shall be treated as acquired by the transferee by gift, and

    (2) the basis of the transferee in the property shall be the adjusted basis of the transferor.

    (c) Incident to divorce

    For purposes of subsection (a)(2), a transfer of property is incident to the divorce if such transfer—

    (1) occurs within 1 year after the date on which the marriage ceases, or

    (2) is related to the cessation of the marriage.

    (d) Special rule where spouse is nonresident alien

    Subsection (a) shall not apply if the spouse (or former spouse) of the individual making the transfer is a nonresident alien.

    (e) Transfers in trust where liability exceeds basis

    Subsection (a) shall not apply to the transfer of property in trust to the extent that—

    (1) the sum of the amount of the liabilities assumed, plus the amount of the liabilities to which the property is subject, exceeds

    (2) the total of the adjusted basis of the property transferred.