Estate of Monte H. Goldman - Page 11




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               Reading the agreement from a reasonable, commonsense                   
          perspective, we find that it contains a nonalimony designation              
          within the purview of subparagraph (B) of section 71(b)(1).1                
          Consequently, we hold that the $20,000 monthly payments Mr. Goldman         
          made to Ms. Parker in 1992, 1993, and 1994 constitute a division of         
          marital property, rather than alimony, and hence are not deductible         
          by Mr. Goldman for those years.                                             
               We have considered the remaining arguments made by the                 
          parties, and to the extent not discussed above, find them to be             
          without merit.                                                              
          Issue 2.  Section 6662(a) Accuracy-Related Penalties                        
               The other issue for decision concerns the applicability of the         
          section 6662(a) accuracy-related penalties.  Respondent contends            
          that Mr. Goldman substantially understated his tax for the years in         
          issue and is accordingly liable for the penalties.  Petitioner              
          disagrees.                                                                  


               1    In Hawkins v. Commissioner, 86 F.3d 982 (10th Cir.                
          1996), the Court of Appeals for the Tenth Circuit, where an                 
          appeal of this case would lie, reversed our decision in 102 T.C.            
          61 (1994), regarding the specificity requirements of sec.                   
          414(p)(2).  The Court of Appeals held that an agreement awarding            
          petitioner wife $1 million from her husband's pension plan was a            
          qualified domestic relations order which shifted the income tax             
          liability to the wife.  Although the facts and operative Code               
          section involved in this case differ from those involved in                 
          Hawkins, our reading of the specificity requirements of sec.                
          71(b)(1)(B) is analogous insofar as we find that the agreement              
          made an effective designation without referring expressly to sec.           
          71 or 215.                                                                  




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