Eleanor A. Burkes - Page 8

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          of the four enumerated criteria, that portion is not alimony and            
          thus is not deductible or includable.                                       
               Section 71(b)(1)(B) requires that the "divorce or separation           
          instrument does not designate such payment as a payment which is            
          not includible in gross income * * * and not allowable as a                 
          deduction under section 215".                                               
               Ms. Burkes argues that with respect to the attorney's fees             
          question, section 71(b)(1)(A), (B), and (D) is in dispute, and              
          with respect to the remainder of alimony issues, section                    
          71(b)(1)(B) and (D) is in dispute.  We consider each alimony item           
          separately.                                                                 
          Payment of Attorney's Fees                                                  
               The operative language of the final divorce judgment                   
          concerning the payment of attorney's fees is as follows:  "[Mr.             
          Burkes] shall pay to * * * [Ms. Burkes] the sum of $60,000.00 as            
          additional alimony toward attorney fees, for which sum judgment             
          is rendered and execution may issue."  Ms. Burkes argues that as            
          a matter of Ohio law the term "alimony" can include both spousal            
          support and property settlements.  Therefore, she contends that             
          the State divorce court use of the term alimony here is                     
          inconclusive.  Mr. Burkes agrees that prior to 1991, the term               
          "alimony", under Ohio law, could refer to either a division of              








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