YOUNG v. C.I.R.

Nos. 00-1244, 00-1261.

240 F.3d 369 (2001)

Louise F. YOUNG, a/k/a Louise Y. Ausman; James R. Ausman, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent Appellee. John B. Young; Martha H. Young, Petitioners-Appellees, v. Commissioner of Internal Revenue, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 2001.


Attorney(s) appearing for the Case

ARGUED: Frank Hilton Lancaster, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants. Jonathan Samuel Cohen, Tax Division, United States Department of Justice, Washington, D.C.; William Mimms Claytor, Baucom, Claytor, Benton, Morgan & Wood, P.A., Charlotte, North Carolina, for Appellees. ON BRIEF: Robert W. Fuller, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants. Paula M. Junghans, Acting Assistant Attorney General, Michelle C. France, Tax Division, United States Department of Justice, Washington, D.C., for Appellee Commissioner.

Before WILKINS, MICHAEL, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge MOTZ wrote the opinion in which Judge MICHAEL joined. Judge WILKINS wrote an opinion concurring in part and dissenting in part.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case presents two tax questions arising from the settlement of a property dispute between former spouses. The first is whether a 1992 transfer of land from a husband to his former wife constitutes...

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