Paul H. & Judy E. Rogers - Page 3

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                    each week hereafter through July, 2002.  Said                     
                    alimony payments shall be received by the                         
                    Wife directly from Husband’s payment from the                     
                    ABC Insurance Center.  Should the Husband die                     
                    prior to the full payment of this alimony,                        
                    the Wife shall continue to receive said                           
                    payment directly from ABC Insurance Center                        
                    through the term of the contract.                                 
          The Circuit Court issued an Agreed Final Decree in September 1992           
          which changed some provisions in the original Dissolution                   
          Agreement--mostly those dividing marital property--but left                 
          intact the paragraph requiring Rogers to pay $225/week through              
          July 2002.                                                                  
               The parties stipulated all the facts, including the fact               
          that the payments continued to be made throughout 2000, and the             
          case was submitted for decision under Rule 122.2                            
                                     Discussion                                       
               Payments incident to a divorce traditionally fell into one             
          of two categories for Federal tax law:  property settlements or             
          alimony.  Property settlements are a division of marital                    
          property, and for many years have been neither deductible from              
          the income of the paying spouse nor includible in the income of             
          the receiving spouse.  Alimony is a division of income, and for             
          many years has been deductible by the paying spouse and                     
          includible by the receiving spouse.  See, e.g., Yoakum v.                   

               2 All Rule references are to the Tax Court Rules of Practice           
          and Procedure, and all section references are to the Internal               
          Revenue Code as in effect for 2000, unless otherwise noted.                 






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