-30- original divorce decree was entered in accord with the stipulation of petitioner and Ms. Zurn. That decree ordered petitioner to pay "$1.00 (one dollar) per month for a period of 15 years (fifteen years)" for Ms. Zurn's support. It was petitioner's and Ms. Zurn's understanding, however, that the monthly payment was to be $1,000, the amount that was paid each month during the 15-year period. Prior to the end of the 15-year period and during the audit of petitioner's tax returns that preceded this litigation, petitioner was asked to substantiate the annual $12,000 alimony claim. It was then that petitioner discovered the divorce decree did not reflect $1,000-per-month alimony payments. Instead, the decree ordered $1-per-month alimony payments. Thereafter, petitioner and Ms. Zurn, by means of a stipulation, caused the divorce decree to be modified nunc pro tunc by a State court judge. The document modifying the original decree states that the nunc pro tunc change from $1 to $1,000 was made to correct a clerical error in the original decree. This Court has addressed the effect of a nunc pro tunc divorce decree on an earlier decree. Several cases have given effect, for tax purposes, to the nunc pro tunc change where it corrected a mistake that had been made in the original decree. Johnson v. Commissioner, 45 T.C. 530, 533 (1966). Johnson distinguished certain earlier cases in which the nunc pro tuncPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011