- 9 - interest income received by a spouse. We noted that section 1041 “does not provide for the exclusion of income; it provides for the nonrecognition of gain or loss under the circumstances described therein.” Id. In Gibbs, the taxpayer recognized that each payment she received under the terms of the divorce decree consisted partially of principal and partially of interest. The Court held that the principal portion and interest portion of the installment payments the petitioner received were “two distinct items that give rise to separate Federal income tax consequences.” Id. The principal portion was subject to section 1041, but the interest portion was not. Id. The Separation Agreement provided that Mr. Shearin would ultimately determine the division between principal and interest for both petitioner and Dr. Capps. We conclude that Dr. Capps agreed to pay petitioner monthly payments which included unstated interest to compensate petitioner for payments made over time, and, pursuant to the Separation Agreement, Mr. Shearin was delegated and performed the task of “stating” such interest for tax purposes. Petitioner acquiesced in the allocation made by Mr. Shearin as is evident by the fact that she included the amount of her proceeds allocated to interest on her respective Federal income tax returns. We hold that the portion of petitioner’s monthly payments which was allocated by Mr. Shearin to principal is not taxable toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011