- 10 - possession as of February 2002 does not imply that the monthly payments were expressly and only for this purpose. Additionally, there was no evidence presented of petitioner’s obligation to pay Mr. Gutzler’s automobile insurance out of the monthly payments. Petitioner also maintained an erroneous belief that because she was using part of the payments to satisfy her attorney’s fees in the underlying divorce action, these payments would not be includable in her gross income. As previously discussed, section 71(b) provides that if a spouse receives alimony pendente lite, the amount received must be included in the gross income of the payee. Secs. 71(b)(1), (2)(C). Moreover, because petitioner had unfettered discretion and control over the payments, she may not exclude from her gross income amounts which she alone designated for her own attorney’s fees. Finally, while we are sympathetic to petitioner’s argument that she would not have signed the order were it not for her understanding that she would not have to include payments received in her gross income, her misunderstanding is an error of law. See secs. 61(a)(8), 71(b)(1). Accordingly, because we find the underlying order and agreement clear, controlling, and the exclusive statement of all of the terms of the parties’ settlement, we sustain respondent’s deficiency determination.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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