Mumtaz A. Ali - Page 6

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          (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.                                      





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