-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.
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