Estate of Monte H. Goldman - Page 10




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          the instrument need not specifically refer to sections 71 and 215).         
          Rather, in our opinion, the divorce or separation instrument                
          contains a nonalimony designation if the substance of such a                
          designation is reflected in the instrument.                                 
               In the instant case, the language of the agreement is                  
          unambiguous; it clearly makes known that the $20,000 monthly                
          payments Mr. Goldman made to Ms. Parker constitutes a division of           
          marital assets and not spousal support.  The payments at issue were         
          made pursuant to paragraph 2.2.9 of the agreement, entitled                 
          "Further Payments for Property Division".  That paragraph                   
          specifically states that the $20,000 monthly payments were "In              
          furtherance of the equitable division of property."  Moreover,              
          paragraph 7 of the agreement provides that "as a result of the              
          funds as and for property division * * * Plaintiff [Ms. Parker]             
          expressly waives her right to spousal support from Defendant [Mr.           
          Goldman]." (Emphasis added.)                                                
               The agreement contains a clear, explicit and express direction         
          that the $20,000 monthly payments are not to be includable in Ms.           
          Parker's income.  See Richardson v. Commissioner, 125 F.3d 551, 556         
          (7th Cir. 1997), affg. T.C. Memo. 1995-554.  The agreement mandates         
          nonalimony treatment of the payments through paragraph 6.5 of the           
          agreement which provides that the payments in question are to be            
          subject to the provisions of section 1041 and reported on the               
          parties' tax returns as a nontaxable event.                                 





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