- 7 - provided that SRC’s payments were unallocated family support, retroactive to the date of those payments. Petitioner contends that Healey v. Commissioner, supra, supports his position. We disagree. In Healey, a State court gave retroactive effect to its nunc pro tunc order. We said in Healey that payments were not made deductible by means of a retroactive court order. Id. at 1706. Healey does not support petitioner’s contention that retroactive State court actions are recognized for purposes of the section 71(b)(1)(A) requirement that payments be received under a divorce or separation instrument. We do not recognize the retroactive nature of the State court instrument in deciding whether, for purposes of section 71(b)(1)(A), the payments made by SRC were made under a written divorce or separation agreement. Thus, petitioner may not deduct any of the $84,000 that SRC paid to Ali in 2000 as alimony. C. Whether Petitioner May Exclude From Income the $84,000 That SRC Paid to Ali in 2000 Petitioner’s community property share of income from SRC for 2000 is $84,000. Petitioner contends that he may exclude that amount from his income because SRC made the payments directly to Ali. We disagree. Petitioner has offered no authority for his position. Petitioner is taxed on his share of SRC community income even though he chose to have it paid directly to Ali because incomePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011