Edward J. Richardson - Page 11

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          income, the circuit court intended that Edward should bear the               
          tax.                                                                         
               We, however, cannot infer from the circuit court's opinion              
          an intention to designate Edward as the party required to bear               
          the tax consequences of the payments.  The circuit court did not             
          begin its analysis regarding monthly maintenance payments to                 
          Irene with the intention that Irene receive exactly 40 percent of            
          Edward's net income.  Rather, the court computed Irene's monthly             
          living expenses, compared the total with Edward's net salary and             
          dividend income, and concluded that the monthly payment to Irene             
          of "roughly" 40 percent of Edward's net salary and dividend                  
          income was not unreasonable.  The circuit court found that a                 
          payment of $29,000 per month, equal to "roughly 40 percent" of               
          Edward's net income, would not be unreasonable.  The circuit                 
          court's modifying order of December 15, 1989, reduced the monthly            
          payment to $26,700, which constitutes approximately 37.4 percent             
          of Edward's net income, an amount which the Court also                       
          necessarily did not find unreasonable.  From this, it is clear               
          that the 40-percent figure mentioned in the circuit court opinion            
          was not a benchmark from which we can infer that the circuit                 
          court intended that Edward was to bear the tax cost of the                   
          payments.                                                                    
               Because the circuit court did not expressly designate the               
          court-ordered payments as payments which were not includable in              
          Irene's income, the requirements of sections 71 and 215 are met.             




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