- 5 - Section 71(b)(2) defines a “divorce or separation instrument” as: (A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, (B) a written separation agreement, or (C) a decree (not described in subparagraph (A)) requiring a spouse to make payments for the support or maintenance of the other spouse. Characterization of Monthly Payments Petitioner argued that none of the $1,400 monthly payments she received in 2002 should be included in her gross income under section 71(a) because she and Mr. Gutzler had a “handshake understanding” that the payments were not alimony. Petitioner testified to an oral agreement between Mr. Gutzler and her that purportedly took place concurrent with the order. It provided that Mr. Gutzler would not deduct the payments, nor would petitioner include the payments as income, if she used the payments solely for her attorney’s fees, payment of Mr. Gutzler’s automobile insurance, and payments on an automobile in Mr. Gutzler’s possession. Petitioner now asks this Court to reject the underlying order and agreement and, in the alternative, consider evidence: (1) Of a “handshake” agreement, and (2) that the terms of the “handshake” agreement should supplant the meaning of alimony pendente lite and alimony as used in the order and the agreement. Since petitioner disputes the legal effectsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011