William E. Johnson - Page 7

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               this circumstance would not occur.  Note that I.R.C.                   
               Section 71(b)(1) provides nowhere therein that the                     
               payment actually be “required.”                                        
          We understand petitioner to be contending that, even though the             
          divorce court designated petitioner’s Thrift Savings Plan as                
          marital property and awarded petitioner’s former spouse a 50-               
          percent interest in the Thrift Savings Plan, petitioner is the              
          only person who can pay off a loan against the plan pursuant to             
          the Thrift Savings Plan rules,3 and therefore, because petitioner           
          is paying off his former spouse’s 50-percent interest in the loan           
          against the Thrift Savings Plan, that payment is deductible                 
          alimony.                                                                    
               Respondent contends that the interest in the Thrift Savings            
          Plan allotted to petitioner’s former spouse is merely a property            
          settlement, not deductible alimony.  We agree with respondent.              
          The divorce decree stated that the Thrift Savings Plan was                  
          marital property and granted petitioner’s former spouse a 50-               
          percent interest.  By repaying the loan, petitioner does not make           
          alimony payments.  Petitioner’s former spouse received her share            
          of the Thrift Savings Plan through an outright transfer.  What              
          remains in the plan is petitioner’s and is burdened with the                
          whole of the outstanding loans.  As petitioner pays down these              
          loans the net value of his share increases and inures to his                


               3Contrary to petitioner’s assertions, we found no specific             
          order in the divorce decree directing petitioner to pay off the             
          loan against the Thrift Savings Plan.                                       




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