112 T.C. No. 21 UNITED STATES TAX COURT ESTATE OF MONTE H. GOLDMAN, DECEASED, CAROLE SCHUTTER, f.k.a CAROLE GOLDMAN, PERSONAL REPRESENTATIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 183-97. Filed June 1, 1999. On Nov. 12, 1985, H and W executed a Property Settlement Agreement (the agreement) in connection with their divorce; the agreement was approved by the divorce court. Par. 2 of the agreement provides for a division of marital property. Par. 2.2.9 of the agreement provides that "In furtherance of the equitable division of property" H shall pay W $20,000 a month for 240 months. The monthly payments terminate at W's death. Par. 6.5 of the agreement provides that all transfers of property are to be subject to the provisions of sec. 1041, I.R.C., and shall be reported on H and W's income tax returns "as a non-taxable event". The agreement further provides that both W and H waive spousal support. H received an opinion letter from a law firm that the $20,000 monthly payments were deductible as alimony. On H's 1992, 1993, and 1994 Federal income tax returns, the payments (totaling $240,000 per year) werePage: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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