Jeanne E. Amarasinghe - Page 16




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          of the distribution under section 215(a), and Ms. Amarasinghe               
          must include $75,318 of the distribution as gross income under              
          section 71(a).                                                              
          III.  Litigation Costs                                                      
               Ms. Amarasinghe seeks to recover reasonable litigation costs           
          from Dr. Amarasinghe and his spouse.  Ms. Amarasinghe did not               
          raise the issue in a proper motion for litigation and                       
          administrative costs under Rule 231, and therefore her claim is             
          premature.  Even if Ms. Amarasinghe were to raise the issue in              
          accordance with Rule 231, she would not be entitled to costs from           
          Dr. Amarasinghe and his spouse because section 7430 does not                
          allow a petitioner to recover costs from another petitioner.                
          Sec. 7430(b)(2).                                                            
          IV. Conclusion                                                              
               On the record before us, we find that (1) the distribution             
          from the Plan was not made pursuant to a QDRO, (2) the parties’             
          determination of the amount of alimony as $75,318 is correct, and           
          (3) Ms. Amarasinghe is not entitled to litigation costs.                    

















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