Marilyn J. Baker - Page 10




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          would have to conclude that the use of the term "property                   
          settlement" designated that the payments would not be taxable               
          under section 71, nor deductible under section 215.  This would             
          be a designation by uncertain implication rather than by clear,             
          explicit, and express direction.                                            
               We find that the labeling of the payments as a “property               
          settlement”, with nothing more, is not a clear, explicit, and               
          express direction that the payments are not includable in                   
          petitioner's gross income and are not deductible by Mr. Baker.  A           
          reasonable, commonsense reading of the instruments does not                 
          establish that there is a nonalimony designation regarding the              
          Federal income tax implications of the payments.  Therefore,                
          section 71(b)(1)(B) is satisfied, and the payments are alimony              
          includable in petitioner's gross income.                                    
               Because the payments are includable in petitioner's gross              
          income as alimony, we need not address the issue of whether the             
          payments constitute annuity or retirement income.                           
               Respondent contends that petitioner is liable for additions            
          to tax pursuant to section 6651(a)(1) for 1994 and 1995.  Section           
          6651(a)(1) imposes an addition to tax for the failure to file a             
          Federal income tax return by its due date, determined with regard           
          to any extension of time for filing previously granted.                     
          Additions to tax under sections 6651(a)(1) are imposed unless the           







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