-29- Petitioner claimed an alimony deduction of $1,000 per month, or $12,000 for each year at issue. Respondent disallowed $11,988, all but $12 ($1 per month) of the claimed deduction for each of the years in issue. Discussion There is no dispute about the fact that petitioner paid Ms. Zurn $1,000 per month--the only question is whether any amount in excess of $12, on an annual basis, constitutes alimony within the meaning of sections 71 and 215. Petitioner argues that under California law the nunc pro tunc order corrects a mistake in the original order. For Federal income tax purposes, petitioner contends that the correction of a mistake by a State court relates back so as to meet the requirements of sections 71 and 215. Respondent argues that the original decreed amount ($1) was the amount intended by the parties and that no mistake was made. Respondent infers that the $1,000 monthly payment to Ms. Zurn was either to buy out her interest in the property under an implicit property settlement between the parties or income payments attributable to her joint property interests with petitioner. Section 215 permits a deduction for alimony payments, as defined in section 71. For purposes of this case, payments may qualify as alimony if, in addition to satisfying other requirements, they are received by a spouse under a decree of divorce or of separate maintenance. Sec. 71. In this case, thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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