Catherine H. Poole, f.k.a. Catherine H. Dames - Page 2

          Year             Deficiency                                                 
          1989             $16,263                                                    
          1990              15,814                                                    
          1991              15,994                                                    
          1992              13,469                                                    
          1993               7,455                                                    
               Following a concession by petitioner, the issue for decision           
          is whether payments received by petitioner during the years in              
          issue from her former husband pursuant to a divorce decree were             
          alimony or a property settlement distribution.  If the payments are         
          determined to be alimony, then they are taxable to petitioner; if           
          they are determined to be in the nature of a property settlement,           
          then they are nontaxable.  For the reasons set forth herein, we             
          find that the payments are in the nature of alimony.                        
               All section references are to the Internal Revenue Code.1  All         
          Rule references are to the Tax Court Rules of Practice and                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are found                   
          accordingly.  The stipulation of facts and the attached exhibits            
          are incorporated herein by this reference.                                  
               At the time she filed her petition, petitioner resided in              
          Ponte Vedra, Florida.                                                       

               1    The Deficit Reduction Act of 1984, Pub. L. 98-369, sec.           
          422, 98 Stat. 494, 795, extensively changed the alimony rules               
          effective for divorce decrees executed after Dec. 31, 1984. This            
          case involves sec. 71(a)(1) prior to its revision.                          

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