§236
38 cases·3 followed·4 distinguished·1 criticized·2 overruled·28 cited—8% support
Statute Text — 26 U.S.C. §236
Statute text not available for this section.
38 Citing Cases
Finally, petitioner argues that Larotonda is no longer good law because the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub.
In New York, actions for a divorce are classified as “matrimonial actions” and, with respect to matrimonial actions commenced after July 19, 1980, are governed by part B of section 236 of the Domestic Relations Law.
In New York, actions for divorce are governed by part B of section 236 of the Domestic Relations Law .
Upon application of either party, a New York court may annul or modify any prior order or judgment as to maintenance or child support. Id. In the present case, Ms. McSkimming had physical custody of the children during the year in issue. Moreover, she had remarried before 2000, and pursuant to the oral stipulation of June 28, 1996, one-ha
236B1.a (1995). We conclude that the payments that petitioner received in 1995 and 1996 pursuant to the Order are separate maintenance payments and are gross income to petitioner under section 71(a). - 6 - Petitioner testified credibly that she received only the payments set forth above, rather than larger amounts set forth in the notice of d
is part, to be paid at fixed intervals for a definite or indefinite period of time, but an award of maintenance shall terminate upon the death of either party or upon the recipient's valid or invalid marriage, or upon modification pursuant to * * * [sec. 236B9.b.]. [N.Y. Dom. Rel. Law sec. 236B1.a. (McKinney 1999); emphasis added.] Thus, the statute differentiates between maintenance payments made pursuant to agreement and those made under court decree. See Scheinkman, Practice Commentaries, in
is part, to be paid at fixed intervals for a definite or indefinite period of time, but an award of maintenance shall terminate upon the death of either party or upon the recipient's valid or invalid marriage, or upon modification pursuant to * * * [sec. 236B9.b.]. [N.Y. Dom. Rel. Law sec. 236B1.a. (McKinney 1999); emphasis added.] Thus, the statute differentiates between maintenance payments made pursuant to agreement and those made under court decree. See Scheinkman, Practice Commentaries, in
324, 509. In its original form, section 72(p) provided in pertinent part as follows: (p) Loans Treated as Distributions.--For purposes of this section-- - 10 - (1) Treatment as Distributions.-- (A) Loans.--If during any taxable year a participant or beneficiary receives (directly or indirectly) any amount as a loan from a qualif