- 12 - that the withdrawals by Ms. Jaffe are not includable in her gross income and are not deductible by Mr. Jaffe. Under section 71(b)(1)(B), if a divorce or separation agreement designates that payments by the payor-spouse are not deductible under section 215, and that such payments are not includable in the gross income of the payee-spouse under section 71, such amounts are not alimony under section 71(a) and, therefore, are not includable in the recipient's gross income and are not deductible by the payor. In the case here, there was no such designation. Although the agreed order of September 4, 1992, provided that Mr. Jaffe "shall be responsible for income taxes due on the amount which is ultimately adjudicated to have been his alimony pendente lite obligation", such language, in the view of the Court, does not suffice to constitute a designation for purposes of section 71(b)(1)(B). Cf. Estate of Goldman v. Commissioner, 112 T.C. ___ (1999); Richardson v. Commissioner, T.C. Memo. 1995-554, affd. 125 F.3d 551 (7th Cir. 1997). The Court, therefore, rejects respondent's argument that the agreed order of September 4, 1992, constituted a designation within the purview of section 71(b)(1)(B). Accordingly, as to one-half of the withdrawals by Ms. Jaffe during 1994, section 71(b)(1)(B) does not apply to make those withdrawals nondeductible by the payor-spouse nor preclude such withdrawals from being included in the gross income of the recipient spouse, Ms. Jaffe.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011