-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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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