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payments are not to be treated as income, we believe that the
instrument must contain a clear, explicit and express direction
to that effect.” If petitioner’s contention is correct, it
clearly was not contained in the Act of Partition agreement with
his former spouse. The Court, therefore, sustains respondent.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
for respondent.
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Last modified: May 25, 2011