- 8 - began and that the only point of contention regarding alimony was the amount that would be paid. The record does indicate that Julie’s 18th birthday and petitioner’s understanding of the Federal tax implications of the termination date of the alimony payments factored into petitioner’s decision to consent to the terms of the settlement agreement. Petitioner’s lead divorce counsel testified that petitioner was concerned with having the alimony payments continue until her children were finished with school. He further testified that he had discussed with petitioner the presumption arising under the temporary regulations that payments coinciding with a child’s 18th birthday would be considered to be child support, and he indicated that petitioner’s willingness to enter into the settlement agreement was based on her understanding of this presumption. Neither petitioner nor her lead divorce counsel, however, indicated that this issue was discussed with Mr. Shepherd or with his attorney. Petitioner’s consideration of Julie’s 18th birthday without any discussion of its significance with Mr. Shepherd or with his attorney is not enough under the facts of this case for us to conclude that it was anything more than a coincidence that the 10-year term of the alimony payments ended within 6 months of September 5, 1999. See Hill v. Commissioner, supra. If Mr. Shepherd had accepted petitioner’s September 16, 1988, offer inPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011