Edward J. Richardson - Page 10

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          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.              



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