Alexandra S. Yankwich, f.k.a. Alexandra Y. Capps - Page 9




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          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 to           






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