- 7 - decree (not described in subparagraph (A)) requiring a spouse to make payments for the support or maintenance of the other spouse. Sec. 71(b)(2). No decree (or order) by the Circuit Court of Fairfax County was in effect when petitioner made his payments to Ms. Deluca in 2002. Thus, we must decide whether there was a written separation agreement in effect before January 24, 2003, when the pendente lite order fixing spousal support was entered by that court. The term “written separation agreement” is not defined in the Internal Revenue Code, the applicable regulations, or in the legislative history. Bogard v. Commissioner, 59 T.C. 97, 100 (1972). A written separation agreement is a clear, written statement of the terms of support for separated parties. In Bogard v. Commissioner, supra at 101, we stated: Logically, it appears Congress was interested in a clear statement in written form of the terms of support where the parties are separated. In this manner it is administratively convenient for the Commissioner to apprise himself of the amount of gross income to the wife and the corresponding deduction allowable to the husband. * * * See also Leventhal v. Commissioner, T.C. Memo. 2000-92; Ewell v. Commissioner, T.C. Memo. 1996-253. Letters which do not show a meeting of the minds between the parties cannot collectively constitute a written separation agreement. Grant v. Commissioner, 84 T.C. 809, 822-823 (1985), affd. without published opinion 800 F.2d 260 (4th Cir. 1986). However, we have recognized that where one spouse assents inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008