-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
Procedure.
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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