- 10 - opinion does not address whether the liability to make such payments terminates at the death of the payee spouse; however, under Illinois law, Edward's obligation to continue the payments will terminate at Irene's death.6 Illinois Marriage and Dissolu- tion of Marriage Act, sec. 510(c). Edward and Irene were not members of the same household at the time the payments were made. Edward and Irene did not file a joint return for the taxable years 1989 and 1990. Edward and Irene disagree with respect to whether the circuit court opinion meets the requirements of section 71(b)(1)(B). The opinion of the circuit court makes no mention of section 71 or section 215 and does not expressly designate the payments as being nontaxable to Irene or as nondeductible by Edward. Irene, nonetheless, contends that the circuit court implicitly intended the payments to be nontaxable to Irene. Irene asserts that the circuit court intended that she receive approximately 40 percent of Edward's net income and that, if the payments were to be taxable to her, her share after taxes would only be 36.2 percent of Edward's net income. Irene also contends that, because the circuit court did not deduct the court-ordered payments from Edward's gross income when determining Edward's net 6Such State law provision satisfies the termination on death requirement of sec. 71(b)(1)(D). Notice 87-9, 1987-1 C.B. 421.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011