David K. and Alice Vanarsdall - Page 9

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          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.                 




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