- 16 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008