- 5 - memorandum, petitioner apparently believes that the payments in question were alimony because they represent payments for arrearages in alimony or, alternatively, even if they represent payments for attorney's fees, they are still in the nature of spousal support and therefore deductible alimony. Petitioner emphasizes that the order which garnished his wages to pay the attorney's fees was titled “Earnings Withholding Order For Support” and, therefore, contends that the payments made to the attorneys were for support and are properly considered alimony. It is well settled that the labels which the parties or a State court attach to payments are not conclusive. Yoakum v. Commissioner, 82 T.C. 128, 140 (1984). Rather, the determination rests upon all of the surrounding facts and circumstances. Id. Petitioner bears the burden of proof. Rule 142(a). Petitioner offered no evidence showing that the attorney's fee obligation would end at his former wife's death. We found petitioner's statements that the payments were for arrearages in alimony and/or spousal support not to be credible. Respondent's witness, Maria's divorce attorney, was, on the other hand, credible in her explanation that the payments in issue were for attorney's fees and costs awarded by the State court that would not have terminated upon Maria's death. There is sufficient evidence in the record, based on all of the facts and circumstances, that the payments in issue were for attorney's fees, and the liability to make such payments would not havePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011