Tax Court Rules of Practice and Procedure, unless otherwise indicated. The issue for decision is whether petitioner is entitled to amortize a life interest in a trust established for her benefit incident to a divorce. All of the facts have been stipulated and are found accordingly. Petitioner's legal residence was in Mobile, Alabama, at the time of the filing of her petition in this case. She timely filed her Federal income tax returns for the taxable years 1991 and 1992. Petitioner and Mr. T. K. Jackson III (Mr. Jackson) were divorced on December 5, 1990. On December 4, 1990, 1 day before the entry of the divorce decree, Mr. Jackson, as settlor and the trustee of the AEJ Life Trust (the trust), executed an irrevocable trust agreement. Approximately 1 month after the date of the divorce, Mr. Jackson funded the trust with various securities which had both a cost basis and fair market value of $598,720.80. The trustees of the trust are petitioner, Mr. Jackson, Laura H. Jackson, and Ted K. Jackson IV. The trust agreement, which was incorporated into the judgment of divorce, provided that petitioner was to receive all the income of the trust in monthly installments of $3,000 during her lifetime, if sufficient trust income existed, and any income in excess of $3,000 per month, semiannually. Upon petitioner's death, the entire remaining principal of the trust was to be paidPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011