Linda Gibbs - Page 10

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          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.                               




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