- 9 - decree of divorce, that cease after the death of the payee spouse. Sec. 71(b). Petitioner argues that, because the note obligates Leichter to make payments beyond the death of petitioner, it is clear that these payments were not alimony. Petitioner concludes, therefore, that respondent's position was unreasonable. Respondent contends that her position was reasonable under the circumstances. In this case, respondent acted reasonably in raising the issue of whether the parties intended the payments to be alimony. The fact that the attachment to the judgment of divorce did not incorporate the promissory note by reference, coupled with respondent's uncontested assertion that the original note was unsigned, and that the parties had taken inconsistent positions on their returns, reasonably led respondent to question the nature of the payments. Petitioner cites Cunningham v. Commissioner, T.C. Memo. 1994-474, and Stokes v. Commissioner, T.C. Memo. 1994-456, for the proposition that payments made to a former spouse that extend beyond the former spouse's death are not alimony payments, and, thus, are not deductible under section 215. Section 71(b)(1)(D) provides that an alimony payment is-- any payment in cash if * * * there is no liability to make any such payment for any period after the death of the payee spouse and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of the payee spouse.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011