- 6 - In the instant case, James is not seeking to have the Judgment entered nunc pro tunc. The Judgment specifically states that it is: ORDERED, ADJUDGED AND DECREED, that * * * [Virginia] be and hereby is granted Judgment dissolving the marriage relation heretofore existing between the plaintiff, VIRGINIA * * * and the defendant, JAMES * * *. The oral stipulation of December 11, 1984, was merged into the Judgment, which was signed by the Chautauqua County Supreme Court justice on April 1, 1985, and entered on April 3, 1985. The payments in question were made pursuant to that Judgment, as modified on December 17, 1985. Thus, the pertinent divorce instrument in this case was executed after December 31, 1984. Consequently, sections 71 and 215, as amended by the Tax Reform Act of 1984, govern the payments in issue. Section 215(a) allows an individual, in computing adjusted gross income, to deduct amounts paid during the year if such amounts are includable in the gross income of the recipient under section 71(a). Section 71(c)(1) specifically excludes from the recipient's gross income any "part of any payment which the terms of the * * * instrument fix (in terms of an amount of money or a part of the payment) as a sum which is payable for the support of children of the payor spouse." Thus, a sum fixed by the instrument or agreement as payable for child support is not deductible by the payor as alimony. Sec. 71(c)(1); sec. 1.71-Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011