Helen C. Hopkinson - Page 10




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               Petitioner argues that she properly excluded the payments in            
          issue from her gross income because they were intended by the                
          parties to be a property settlement and not alimony.  Prior to               
          1985, payments were characterized as alimony or as property                  
          settlement by considering all of the surrounding facts and                   
          circumstances.  See Beard v. Commissioner, 77 T.C. 1275, 1284                
          (1981).  During 1984, Congress enacted the Deficit Reduction Act             
          of 1984 (DEFRA), Pub. L. 98-369, sec. 422, 99 Stat. 494, 795,                
          effective for divorce and separation agreements entered into                 
          after December 31, 1984.  The House Committee on Ways and Means,             
          in its report on H.R. 4170, 98th Cong. 1st Sess., explained the              
          reason for the enactment of DEFRA section 422 as follows:                    
                    The committee believes that the present law                        
               definition of alimony is not sufficiently objective.                    
               * * *  The committee believes that a uniform Federal                    
               standard should be set forth to determine what                          
               constitutes alimony for Federal tax purposes.  This                     
               will make it easier for the Internal Revenue Service,                   
               the parties to a divorce, and the courts to apply the                   
               rules to the facts in any particular case and should                    
               lead to less litigation.  The committee bill attempts                   
               to define alimony in a way that would conform to                        
               general notions of what type of payments constitute                     
               alimony as distinguished from property settlements                      
               * * * .                                                                 
          H. Rept. 98-432 (Part 2), at 1495 (1984).                                    
               The settlement agreement in the instant case was entered                
          into after December 31, 1984.  Consequently, the appropriate                 
          inquiry is not whether the payments made pursuant to the                     
          settlement agreement were alimony or property settlement based on            





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