Taxation - Old Tax Code Provision Controls Deductibility
A lump-sum payment made by a man to his ex-wife pursuant to a 1997 agreement that settled their dispute over modification of the alimony portion of their 1976 divorce decree is governed by the version of §71 of the Internal Revenue Code as it stood before its revision in 1984, the U.S. Court of Appeals for the Ninth Circuit held in Johnson v. Commissioner, 9th Cir., No. 04-72322, 3/28/06).
It thus upheld the Tax Court's ruling that as the agreement was a modification of a pre-1984 decree that did not specify that the revision (removing the limitation of deductibility to periodic alimony payments) was to apply, the lump sum was not deductible.
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