- 2 - his ex-wife in 1996 is deductible as alimony under section 215(a).1 Background The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioner resided in Danbury, Nebraska, at the time he filed his petition. Petitioner and Pamela Lynn Springer (Ms. Springer) were married on November 27, 1970, in Lebanon, Nebraska.2 On January 10, 1995, pursuant to a “Decree of Dissolution” (the divorce decree), the marriage between petitioner and Ms. Springer was dissolved in the District Court of Red Willow County, Nebraska. Petitioner and Ms. Springer also entered into a “Property Settlement and Custody Agreement” (the marital settlement), effective January 10, 1995, which was incorporated into the divorce decree.3 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2The record in this case does not provide any information regarding the status of Ms. Springer’s 1996 taxable year and whether she reported the payment in dispute as income. 3The divorce decree stated that “the Property Settlement Agreement entered into between the parties is hereby approved, and the property and debts of the parties are divided and allocated as set forth therein.” For convenience, subsequent references to the marital settlement and the divorce decree (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011