Alexandra M. Medlin - Page 10

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            implicitly designated such payments as part of their property                               
            settlement and not alimony.  She suggests that the designation of                           
            the monthly payments under paragraph "1" of the Agreement as                                
            alimony combined with the lack of any designation for the                                   
            automobile-related payments under subparagraph "g" of paragraph                             
            "3" implies that such payments were designated as not being                                 
            alimony.                                                                                    
                  Section 71(b)(1)(B), however, only treats a payment as other                          
            than alimony if the governing divorce or separation instrument                              
            designates the payment as a "payment which is not includible in                             
            gross income under * * * [section 71] and not allowable as a                                
            deduction under section 215."  The regulations do not provide for                           
            and we do not interpret this statutory language to allow                                    
            designations by implication as Alexandra contends.  Richardson v.                           
            Commissioner, 125 F.3d 551, 557 (7th Cir. 1997), affg. T.C. Memo.                           
            1995-554; see sec. 1.71-1T(b), Q&A8, Temporary Income Tax Regs.,                            
            49 Fed. Reg. 34455 (Aug. 31, 1984).                                                         
                  We hold that the amounts in issue constitute alimony or                               
            separate maintenance payments which must be included in                                     
            Alexandra's gross income and are deductible by Burley and Mary.                             
                  To reflect the foregoing,                                                             


                                                             Decisions will be entered                  
                                                       under Rule 155.                                  






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