Virginia M. Marten - Page 5




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          Marten did not include these payments as income on her 1993 and             
          1994 Federal income tax returns.                                            
               Niklas died on June 19, 1995.                                          
                                       OPINION                                        
               The sole issue for decision is whether premiums paid by Mr.            
          Lane on the $750,000 policy were alimony.  If the payments are              
          alimony, Ms. Marten must include the payments in her gross                  
          income, and Mr. Lane is entitled to deduct these payments.  See             
          secs. 61(a)(8), 215(a).  However, if the payments are not                   
          alimony, Ms. Marten need not include the payments in income, and            
          Mr. Lane cannot deduct them.                                                
               The parties argue that our analysis should focus on section            
          71(b) as amended by the Deficit Reduction Act of 1984, Pub. L.              
          98-369, sec. 422, 99 Stat. 494, 795 (the DRA ‘84).  The DRA ‘84,            
          however, is applicable only to divorce instruments executed after           
          December 31, 1984, or modified after December 31, 1984, where the           
          modified instrument states that the amended version of section 71           
          will apply.  See Deficit Reduction Act of 1984, supra at 798.  In           
          the present case, the support decree was entered on April 11,               
          1984, and the modified decree--entered January 27, 1987–-did not            
          provide that the amended version of section 71 was applicable.              
          We, therefore, must apply former section 71 in determining                  
          whether the premium payments constitute alimony.                            







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