- 11 - her signature was not on the March 30, 1992, letter, nor was there any other writing executed on her behalf evidencing an agreement. Moreover, it is well settled that the subsequent acceptance of support payments by a spouse, without more, does not transform a unilateral offer into a bilateral agreement. See Harlow v. Commissioner, supra; Nemeth v. Commissioner, supra; Greenfield v. Commissioner, T.C. Memo. 1978-386. We conclude that, taken together, the March 30, 1992, letter and the fact that petitioner provided support for Mrs. Keegan prior to May 6, 1992, do not rise to the level of a written separation agreement for purposes of sections 71(b)(2) and 215. See Grant v. Commissioner, supra at 822-823; cf. Ewell v. Commissioner, supra. Therefore, we hold that none of the payments that petitioner made before the Stipulation and Order to Show Cause was filed on May 6, 1992, may be deducted by petitioner as alimony under section 215. To reflect the foregoing, An appropriate order will be issued, and a decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011