- 14 - In Gerlach v. Commissioner, 55 T.C. 156, 169 (1970), however, we did not apply either the Danielson rule or the strong proof rule to a case involving a settlement incorporated into a divorce decree. Because Gerlach v. Commissioner, supra, arose under section 71 as in effect before the effective date of DEFRA, we looked to all of the facts and circumstances to determine whether the payments were intended by the parties to the settlement agreement to be alimony or a property settlement. See id. However, as we discussed above, after 1984, the inquiry under section 71 is whether the objective factors of section 71 are met. Petitioner is essentially asking this Court to rewrite the settlement agreement in order to meet the requirements of section 71. Petitioner contends that reformation of the settlement agreement is appropriate because petitioner's attorney and former husband fraudulently obtained her assent to the terms of the settlement agreement. She bases her contention on the assertion that her attorney and her former husband concealed information concerning her former husband's true worth. At trial, however, petitioner did not produce any admissible evidence in the instant case to corroborate such fraud. Moreover, petitioner has not asked the Georgia courts to reform or void the settlement agreement. Rather, petitioner has pursued remedies available to her under the terms of the settlement agreement to obtain furtherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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