Dwight S. & Antonina K. Platt - Page 8




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               Amended section 71 applies with respect to (1) divorce and             
          separation instruments executed after December 31, 1984, and                
          (2) any such instruments executed before January 1, 1985, but               
          modified on or after that date if the modification expressly                
          provides that amended section 71 applies to such modification.              
          DEFRA sec. 422(e), 98 Stat. 798.                                            
               In his reply brief, Mr. Bangs argues that section 71 before            
          its amendment by DEFRA does not apply in the instant cases                  
          because he and Ms. Platt “effectively stipulated” that amended              
          section 71 applies.14  We reject that argument.  We note ini-               
          tially that although Mr. Bangs and Ms. Platt take the position on           
          brief that amended section 71 applies in these cases, they did              
          not stipulate that that section applies.  Even if Mr. Bangs and             


               13(...continued)                                                       
          executed after Dec. 31, 1984, and (2) any such instruments                  
          executed before Jan. 1, 1985, but modified on or after that date            
          if the modification expressly provides that amended sec. 215                
          applies to that modification.  DEFRA sec. 422(e), 98 Stat. 798.             
          The parties do not address whether sec. 215 before its amendment            
          by DEFRA or amended sec. 215 applies in these cases.  On the                
          record before us, we hold that sec. 215 before its amendment by             
          DEFRA, and not amended sec. 215, applies.                                   
               14In his reply brief, Mr. Bangs also argues that amended               
          section 71 applies because “the Commissioner made the assessments           
          against both sets of taxpayers in order to avoid being ‘whip-               
          sawed’”.  We reject that argument.  That respondent made the                
          respective determinations at issue in order to avoid being                  
          whipsawed is irrelevant to resolving whether sec. 71 before its             
          amendment by DEFRA or amended section 71 applies in these cases.            
               In her reply brief, Ms. Platt does not address respondent’s            
          argument that sec. 71 before its amendment by DEFRA, and not                
          amended section 71, applies in these cases.                                 





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