- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008