-15- expenses petitioner incurred ($4,931.09) and the amount of monthly payments Dr. Ibach made ($6,050). We believe that petitioner's needs were considered when the amount of the Paragraph 7 payments was determined. Thus, this factor favors treating the payments as alimony. Finally, with regard to the seventh factor, petitioner concedes that no separate provision for support was provided elsewhere in the divorce decree or dissolution stipulation. This factor favors treating the payments as alimony. Considering all the facts and circumstances and the above Beard factors, we give great weight to the clear language, structure, and intent of the divorce decree and accordingly conclude that petitioner and Dr. Ibach intended to provide support and alimony for petitioner in Paragraph 7 of the divorce decree. Thus, we hold that the payments pursuant to Paragraph 7 are in the nature of alimony and therefore taxable to petitioner to the extent of 10 percent of the principal amount for each of the years in issue. To reflect the foregoing, and the concessions by petitioner, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011