- 6 - fails to meet the four enumerated criteria, that portion is not alimony and is not deductible by petitioner. Neither of the parties argues that the requirements of subparagraphs (A), (B), and (C) of section 71(b)(1) have not been satisfied. Their disagreement focuses on the provisions of subparagraph (D). Petitioner contends that had Colleen died before the end of the stream of payments, under Pennsylvania law the liability to make the payments would have terminated. Respondent contends that if Colleen had died prior to the end of the payment stream, her estate would have had a valid claim to the continued payments under Pennsylvania law. Therefore, we must look to Pennsylvania law to determine whether petitioner's liability for the payments called for under the addendum terminates at the death of the payee spouse. Sampson v. Commissioner, 81 T.C. 614, 618 (1983), affd. without published opinion 829 F.2d 39 (6th Cir. 1987). Pennsylvania Family Law Section 71(b)(1)(D) requires that the payor spouse must not be liable for any payments under the divorce or separation instrument after the death of the payee spouse. Under Div. Pa. Code sec. 508 (1989), the right to receive alimony pursuant to the alimony and support provisions of the Divorce Code shall cease upon the death of the payee party. Thus, if any of the disputed payments are alimony under Pennsylvania law, thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011