Raymond N. Rosenthal and Peggy S. Rosenthal - Page 5

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          petitioner is to pay a certain number of payments for a specific            
          length of time.  It is clear that section 8 imposes liability on            
          petitioner for a period after the death of the payee spouse.                
               Petitioner contends that the language in Exhibit "A" of the            
          settlement agreement, which states the payments are reportable by           
          petitioner's former wife and deductible by petitioner, makes the            
          settlement agreement ambiguous, and, thus, parol evidence should            
          be examined to determine the intent of the parties.   We are not            
          persuaded by petitioner's argument.  It is clear that the                   
          requirement under section 71(b)(1)(D) was not satisfied in this             
          case.  Whether or not the parties intended for the payments to be           
          deductible to petitioner, we must focus on the legal effect of              
          the agreement in determining whether the payments meet the                  
          criteria under section 71.  Since section 71(b)(1)(D) is not met,           
          the payments are not considered alimony for Federal income tax              
          purposes.                                                                   
               As we stated in Webb v. Commissioner, T.C. Memo. 1990-540,             
          the current section 71 was enacted to prevent the type of                   
          litigation now before us.  The House committee stated the purpose           
          of the current section 71 as follows:                                       
               The committee believes that a uniform Federal standard                 
               should be set forth to determine what constitutes                      
               alimony for Federal tax purposes.  This will make it                   
               easier for the Internal Revenue Service, the parties to                
               a divorce, and the courts to apply the rules to the                    
               facts in any particular case and should lead to less                   
               litigation.  The committee bill attempts to define                     
               alimony in a way that would conform to general notions                 
               of what type of payments constitute alimony as                         




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