- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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