- 6 - (1970), affd. without published opinion 28 AFTR 2d 71-5217, 71-2 USTC par. 9536 (4th Cir. 1971); Alleva v. Dept. of Treasury, 2002-1 USTC par. 50,188 (E.D.N.Y. 2001); Ewell v. Commissioner, T.C. Memo. 1996-253; Jachym v. Commissioner, T.C. Memo. 1984-181; White v. Commissioner, T.C. Memo. 1984-65. Petitioner’s payments were not made under a qualifying divorce or separation instrument when they were made. Second, retroactive imposition of support by a State court does not have retroactive effect for Federal tax purposes. Turkoglu v. Commissioner, 36 T.C. 552, 555 (1961); Segal v. Commissioner, 36 T.C. 148, 153-154 (1961); Van Vlaanderen v. Commissioner, 10 T.C. 706, 707-708 (1948), affd. 175 F.2d 389 (3d Cir. 1949); Daine v. Commissioner, 9 T.C. 47, 51-52 (1947), affd. 168 F.2d 449 (2d Cir. 1948); see also Ianniello v. Commissioner, 98 T.C. 165, 175 n.5 (1992) (State court adjudications retroactively changing the rights of parties are generally disregarded for Federal income tax purposes).2 Thus, SRC’s payments to Ali in 2000 were not alimony, even though the State court made the June 25, 2001, instrument, which 2 An exception to the general rule exists when the nunc pro tunc order retroactively corrects an order which failed to reflect the true intention of the court at the time it was rendered. Gordon v. Commissioner, 70 T.C. 525, 530 (1978); Johnson v. Commissioner, 45 T.C. 530, 532 (1966). There is no evidence that the State court’s retroactive order in this case corrects an order which failed to reflect the true intention of the court at the time it was rendered.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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