27 January 2003 Internal T.I. 2002-0177197 F - ATTRIBUTION DU GAIN A UN CONJOINT SEPARE -- summary under Support Amount

On the breakdown of their marriage, a couple held various immovable properties in equal co-ownership. Pursuant to a separation agreement, each transferred co-ownership interests to the other so that each became the full owner of properties. However, Madame received full ownership of one additional property in recognition that it generated net rental income that was to be used by her for child support. The Directorate indicated that it was in her capacity of owner that Madame received the net rental income, so that it was included in her income as rental income.