- 10 - determine whether, although unstated, an interest factor was involved in a payment, or a series of installment payments, in connection with a transaction otherwise subject to section 1041. This is not such a case. Here the parties have stipulated that a portion of each payment constituted interest. We have considered petitioner's other arguments and find them unpersuasive. Although we agree with petitioner's argument that the interest payments do not constitute alimony under section 71, and therefore, are not includable in income as such, we disagree with her contention that unless the payments constitute alimony they need not be included in her income. Nothing in section 71 suggests that a payment from one spouse to another constitutes income only if the payment satisfies the definition of alimony contained in that section. In support of her argument on this point petitioner relies upon Fox v. Commissioner, 510 F.2d 1330 (3d Cir. 1975); Gammill v. Commissioner, 73 T.C. 921 (1980), affd. 710 F.2d 607 (10th Cir. 1982); and McCormick v. Commissioner, T.C. Memo. 1987-418. Each of those cases involves attempts by the taxpayer to deduct, as imputed interest under section 483, portions of installment payments to a former spouse that were made pursuant to a divorce settlement that did not call for interest payments. In those cases, it was determined that section 483 did not apply to property settlements made incident to divorce, and the taxpayers were not entitled to deductions for interest.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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