- 8 - taxes that Mr. Vanarsdall would have to pay on the income from the partnership. Clearly, unlike Baker, petitioner and the former spouse considered the tax consequences of their nonalimony designation and made provisions thereof in the Agreement. Because petitioner and the former spouse specifically agreed that payments from Mr. Vanarsdall to the former spouse were not alimony, the requirement of section 71(b)(1)(B) has not been met;5 therefore, respondent is sustained. Petitioners are not entitled to deduct the $18,398 as alimony. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent. 5The Court need not look to Indiana State law because the terms of the Agreement were clear that the payments between petitioner and the former spouse were not alimony or maintenance payments. Cunningham v. Commissioner, T.C. Memo. 1994-474.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011